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Toronto Immigration Law, Toronto Refugee Law, Levine Associates

June 7, 2012

I am a successful Refugee claimant. When can I apply for Permanent Residency?

Question: How long do I have to apply for Permanent Residency after the acceptance of my refugee claim? Answer: Under the current legislation a successful refugee claimant is required to apply for permanent residency status within 180 days of the Board’s positive determination.  Immigration’s own materials indicate that the 180 day clock begins when the […]

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May 29, 2012

Who is a refugee?

The notion of who does and doesn’t qualify for refugee status is one many countries grapple with. The formal, internationally recognized, definition of a refugee is set out in the United Nations Convention Relating to the Status of Refugees, which established the rights of people seeking asylum in a country other than their own and […]

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May 28, 2012

Citizenship in Canada: Who is a Resident?

Given the shocking amount of legislative change, both enacted and proposed by the Harper government over the past number of years I remain both puzzled and amazed that the government has not sought to bring some legislative clarity to the area of Citizenship law in Canada.  Some background is necessary in order to understand how […]

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May 21, 2012

How much does it cost to apply for Permanent Residency

The costs associated with processing various applications have changed over time so it is always best to check CIC’s he most current fee schedule. Presently a typical PR application would generally cost $550  for the principal applicant.  If the applicant was including a spouse there would be an additional cost of $475.00.  Any unmarried children […]

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April 27, 2012

Bill C-31 and the Balanced Refugee Reform Act

I have been asked several times how it can be the case that the Balanced Refugee Reform Act (BRRA) which was to be in force in June 2012 can be extended beyond that date.  For those of you involved in the refugee field you will recall that the legislation was originally scheduled for implementation in December 2011. […]

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December 29, 2011

What is the success rate for refugees at the Immigration and Refugee Board?

Success at the IRB depends on many factors. For example, different countries have radically different success rates. Claimants coming from “refugee producing countries” such as a Afghanistan or Somalia would naturally have much higher rates of success than claimants from countries such as the U.S. or Europeon countries which typically have human rights records similar […]

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December 29, 2011

If I am determined to be a Convention Refugee does that make me a Canadian citizen?

Upon receiving a positive determination at the Refugee Board, you are generally, with certain limited exceptions, entitled to apply for Permanent Residence. Such applications must be made within 180 days of being notified of your positive decision. Once you obtain your status as a Permanent Resident you must maintain your residence in Canada for 3 of the prior 4 years in order to be eligible to apply for Canadian Citizenship.

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December 29, 2011

Do I have to make a refugee claim at the border or can I claim within Canada?

Claims may be made either at a POE (point of entry) upon arrival in Canada or inland at a designated CIC office. Board Members may draw negative inference where there has been significant delay from the time of the claimant’s arrival in Canada to the time of an inland claim is made.

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December 29, 2011

Can I make a refugee claim in Canada if I have previously claimed in Canada?

No. The Immigration and Refugee Protection Act prohibits refugee claims where a claim has been made previously.

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December 29, 2011

Can I make a refugee claim if I have made a claim in the United States?

There are presently no bars against making refugee claims in Canada if you have previously claimed refugee status in the U.S.  However, if you claimed in the U.S. and you were sucessful resulting in U.S. status, such status would exclude you from the provisions of the Immigration and Refugee Protection Act.

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