Immigration and Refugees Law
Reading Time
12 MINUTE READ
In the landscape of Canadian immigration law, refugee claim ineligibility Canada has become a more frequent hurdle for asylum seekers due to recent legislative changes. Under Bill C-12, the Canadian government has tightened the rules regarding when and how a person can claim protection. Specifically, if a claimant entered Canada after June 24, 2020, and waited more than one year to file their claim, they may be subject to a finding of ineligibility.
This finding often happens abruptly. In many cases, an officer at the first interview—where biometrics are taken—may issue an Exclusion Order immediately. This means your claim will not even be heard by the Refugee Protection Division (RPD). Instead, you are placed directly into the removal stream, subject to limited secondary reviews.
If you have received a decision declaring your claim ineligible, the most important thing to know is that you have only 15 days to act. Under the Federal Courts Act and the Immigration and Refugee Protection Act, an application for leave and judicial review for a decision made in Canada must be filed within 15 days of the date the decision was communicated to you.
Filing for Judicial Review is not an automatic right; you must first apply for “leave” (permission) from the Court. A judge will review the written arguments to determine if there is a “serious issue” to be tried. If leave is granted, a full hearing will be held to decide if the officer’s decision was unreasonable, made in error of law, or breached procedural fairness.
Before a final decision is made, officers may issue a Procedural Fairness Letter (PFL). This letter informs you that the officer has concerns—typically regarding the 12-month delay in filing your claim—and gives you an opportunity to respond. If your response to the PFL is rejected, the resulting ineligibility decision triggers the aforementioned 15-day deadline.
Successfully responding to a PFL requires a nuanced legal argument explaining why the claim was filed late. Common reasons include changes in the country of origin’s political climate, personal trauma, or misinformation. However, without professional legal guidance from a firm like Pax Law, these responses often fail to meet the high evidentiary burden required by Immigration, Refugees and Citizenship Canada (IRCC).
When a refugee claim is found ineligible, the claimant is often given a Pre-Removal Risk Assessment (PRRA) package. This is a final opportunity to explain the risks of torture, death, or cruel and unusual treatment if returned to your home country. Under the current regime, you have only 15 days from the day the package is provided to submit your response.
This is a incredibly tight window to gather evidence, obtain expert country condition reports, and draft a legal submission. Missing this deadline can lead to an immediate removal order becoming enforceable.
| Process Stage | Standard Timeline | C-12 / Ineligibility Timeline |
|---|---|---|
| Federal Court Application | 15–30 Days (Location dependent) | 15 Days (Strict) |
| PRRA Response | 15 Days | 15 Days (Immediate) |
| Exclusion Order Enforcement | Delayed pending RPD | Immediate upon ineligibility |
Navigating refugee claim ineligibility Canada requires a team that understands the urgency of the Federal Court. Dr. Samin Mortazavi and his team of lawyers, consultants, and paralegals offer comprehensive services for those in crisis:
At Pax Law, we don’t just fill out forms; we litigate. We represent our clients’ interests forcefully before the Federal Court to ensure their rights are protected.
You should contact a lawyer the moment an immigration officer expresses concerns about your eligibility or hands you a negative decision. Waiting even 48 hours can jeopardize your ability to gather the necessary evidence for a Federal Court application. If you have been handed an exclusion order, your time to remain in Canada is legally threatened.
Bill C-12 has introduced stricter scrutiny for late claims. If you waited more than a year after entering Canada to claim refugee status, you are at high risk of being found ineligible.
No. Ineligibility decisions cannot be appealed to the RAD. Your only legal recourse is an Application for Leave and Judicial Review at the Federal Court of Canada.
An exclusion order is a type of removal order. If you receive one along with an ineligibility decision, you are required to leave Canada, and you cannot return for a specified period (usually one year) without written authorization.
If you miss the deadline, the decision becomes final and enforceable. You may lose your right to challenge the decision in court unless you apply for an extension of time, which is rarely granted and requires a very strong reason.
Not automatically. While filing may sometimes prompt the government to defer removal, you often need to file a specific “Motion for a Stay of Removal” to legally stop a scheduled deportation.
Officers are now empowered to make eligibility determinations during the initial processing phase. If your documents show a gap of more than a year since your entry, they can issue the decision immediately.
The Pre-Removal Risk Assessment (PRRA) is a process for people who are facing removal from Canada to ensure they are not being sent back to a country where they would be at risk of persecution or harm.
Yes. Dr. Samin Mortazavi is an experienced lawyer who regularly represents clients in Federal Court for immigration and refugee litigation.
ناوبری در سیستم پناهندگی کانادا نیازمند درک دقیق این موضوع است که چه کسانی از نظر قانونی صلاحیت ارائه مشاوره و وکالت را دارند. در تورنتو، یک وکیل پناهندگی در تورنتو معمولاً وکیلی است که
Canada H&C Application Fees: A Comprehensive Guide to the Legal and Financial Framework Navigating Humanitarian and Compassionate (H&C) applications in Canada requires a clear understanding of both the procedural requirements and the underlying statutory financial
This article details the legal criteria and statutory conditions evaluated by the Immigration Appeal Division (IAD) when deciding to stay a removal order on humanitarian and compassionate grounds. It explains how the tribunal balances diverse factors, such as the best interests of affected children, the depth of an individual’s establishment in Canada, and their potential for rehabilitation.
0 Comments