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Refugee Law

December 13, 2012

Guarantee of Success misleads

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 […]

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December 11, 2012

New Refugee Laws – Review

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 […]

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September 11, 2012

REFUGEE STATUS FOR THOSE IN PERIL IN THE MIDDLE EAST

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.  […]

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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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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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