S.SamuelLevine,Immigration Lawyer Recently I have had two different prospective clients attend at my office asking whether I could guarantee the success of their case. In the first case, the client asked whether I could guarantee a victory before the Immigration and Refugee Board. When I advised the client that even if I were of […]
Canada’s new Refugee System: The good the bad and the ugly Introduction: After years of legislative amendments and delays, the government has finally announced a concrete implementation date of December 15, 2012 for Canada’s new refugee system. After that date people entering Canada or people already in Canada who make refugee claims will be subject […]
I recently received an inquiry from a friend worried about relatives in Syria and wondering what steps could be taken to bring their relatives to the safety of Canada. The question is complicated and requires a little background. Most people are unaware of the fact that we have laws which create two distinct refugee systems. […]
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 […]
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 […]
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. […]
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 […]
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.
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.