After Your Hearing

What can I do if the Minister appeals?

The Minister may want a review of the IRB-RPD decision. To make an appeal, the Minister must show that the IRB-RPD made mistakes in the decision regarding your refugee claim. 

If the Minister appeals within 15 days, you have to put your application for permanent residence on hold. It is important to know that the Minister can file a request for extension of time past this delay if for example, there is new evidence in your case. This will delay your permanent residency application.

If the Minister appeals the decision, you will receive a Notice of Appeal. You can respond and give the reasons why you disagree with the appeal. For example:

• some evidence was ignored,
• you have new evidence,
• there were mistakes in the translation, or
• your country conditions have changed.

You can search different websites to find a specialized authorized lawyer in immigration law:

https://www.fct-cf.gc.ca/en/pages/representing-yourself/finding-legal-help
https://www.irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/legal-aid-office.aspx
https://www.cba.org/For-The-Public/Immigrating-to-Canada/Hiring-an-Immigration-Lawyer

Find a legal representative to help you stay as a refugee or a protected person in Canada.

To respond to the appeal, you must:

• Prepare a Notice of Intent to Respond.
• Prepare a Respondent’s Record with the reasons why you disagree and any supporting documents.
• Send a copy of both of these documents to the Minister and to the IRB-RAD of your regional office via your authorized lawyer’s IRB portal or via email, fax, or courier.
• Give the IRB-RPD or the IRB-RAD written proof that you sent your documents to the Minister.
• Provide you with copies of all these mentioned documents in your file.

See the Immigration and Refugee Board of Canada – Refugee Appeal Division (IRB-RAD) website for more information.

After you respond to the appeal by sending in the required documents, the IRB-RAD will usually  make a decision without a hearing. In some cases, the Minister may request a hearing. 

The IRB-RAD will make one of the following decisions:

• Order a hearing.
• Confirm the IRB-RPD decision.
• Disagree with the IRB-RPD decision, and replace it with a new decision.
• Refer your case back to the IRB-RPD and order a new hearing.

Travel outside of Canada

If you plan to travel outside of Canada after you become a refugee or a protected person, apply for a Refugee Travel Document with Passport Canada. If the Minister has appealed, do not leave Canada.

Start Your Application

You can apply online using the Permanent Residence Portal or send forms by mail or courier. Your lawyer has an authorized permanent resident portal.

You can be fully represented and your lawyer file’s the application for you. You can also fill the application yourself, and ask a lawyer to review your application.

How to start your application on the PR Portal

• Create your account.  
• Sign in to your account.
• Select the following in the drop-down menus:
  • Program under which you are applying: Permanent Residence, including Refugee Resettlement.
  • Program under which you are applying (2): Refugee
  • Category you’re applying under: In Canada – Protect person
• Fill out your profile information.
• Proceed to your application.

Prepare the documents

To apply, you must prepare:

• Document Checklist (IMM 5286 E)
• Generic Application Form for Canada (IMM 0008)
• Additional Dependants/Declaration (IMM 0008DEP-E)
• Protected Persons and Convention Refugees (IMM 0008: Schedule 14)
• Background/Declaration (IMM 5669 E : Schedule A)
• Additional Family Information (IMM 5406 E)
• Use of a Representative (IMM 5476 E)
• Copy of the Notice of Decision giving you Convention Refugee or Protected Person status in Canada
• One recent two-sided digital photo (passport size stamped at the back by the studio)
• Photocopies of your identity documents that were taken from you:
  • passport (even if it is expired), 
  • travel documents,
  • translated birth certificate, and
  • other identity documents such as a translated marriage certificate.

Dependants

If you have dependants inside or outside Canada, you must fill out a separate set of forms for them. You must prepare:

• Document Checklist (IMM 5286 E)
• Generic Application Form for Canada (IMM 0008 E)
• Protected Persons and Convention Refugees (IMM 0008: Schedule 14)
• Background/Declaration (IMM 5669 E : Schedule A)
• Additional Family Information (IMM 5406 E)
• Declaration from non-accompanying parent/guardian for minors immigrating to Canada (IMM 5604 E), if applicable
• Statutory Declaration of Common-Law Union (IMM 5409 E)
• Use of a Representative (IMM 5476 E), if applicable
• One two-sided digital photo (passport size)
• Photocopies of their passport, travel documents, or identity documents
• Photocopies of documents that prove their relationship to you, such as birth certificates, marriage certificates, or common-law declaration (Form 5409)

Translate documents

For any document (including any stamps and seals) that is not in English or French, you must send in:

• The English or French translation. See the IRCC website to follow their requirements to translate documents.
• The translations must be accurate. If you cannot get a certified translator for your identification documents, you can use a non-certified translator. You need:
  • an affidavit from the person who did the translation, and
  • a certified copy of the original document. It must be certified in Canada by a notary public, a commissioner of oaths, or a commissioner for taking affidavits.

Affidavit

An affidavit for a translation is a document that states that the translation is an accurate version of the original. The translator swears this in front of a professional who can take oaths in the country where they live. The person must speak English or French well in order to take the oath.

Who can prepare an affidavit?

In Canada:

• a notary public.
• A lawyer.
• a commissioner of oaths.
• a commissioner for taking affidavits.

Outside Canada:

• a notary public or someone with an equal position.

You or any of your family members cannot commission your affidavit. Even a member of your family who is a lawyer, notary public, or certified translator is not allowed to prepare your affidavit. (This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin).

Pay fees

You must pay a fee when you apply for PR for yourself and for any family members. You will pay all fees online inside your representative’s portal or your portal. You will need to save your receipt and upload it onto the permanent residency portal. In order to pay the fees yourself, you will need:

• An email address to set up a login and password,
• Access to a computer to save your receipt,
• Access to a printer (to print the receipt), and
• A credit card, Debit MasterCard® or Visa® Debit card.

When you are ready to pay:

• Go to Online Payment.
• Follow the instructions.
  • At the end, click on the button to print the IRCC official receipt with a barcode.
  • Print two copies.
  • Save a copy on your computer.
  • Email yourself a copy.
  • Attach a printed copy of this receipt to your application.
  • Keep the other copies of the receipt for your records.

Biometrics

After you have applied for permanent residency and paid your biometric fees, you will receive a biometric instruction letter (BIL) informing you it is time to make an appointment to give biometrics (such as fingerprints).

The letter will contain a link to designated Service Canada locations for biometric collection service points to choose from where you can give your biometrics in Canada and overseas.

Send in your application

Apply and send in your forms through the online Permanent Residence Portal  or otherwise, send your paper application in the mail or via courier.

Mailing address

Protected Persons in Canada application
Box 12153 STN A
Sydney, NS
B1P 0L1

Courier address

Protected Persons in Canada application
3050 Wilson Avenue
New Waterford, NS
B1H 5V8

Final steps

If you properly submitted the required information and documents for your PR application, you will receive a letter from IRCC that tells you if you are approved for PR. 

Your PR card will arrive in the mail. It is important to keep your address updated with IRCC. 

Sometimes, IRCC asks to interview you. They may want you to confirm facts or send them more information. Once IRCC has what they need, you could also obtain your PR status at a final interview.

Can I lose my status in Canada after I get refugee protection?

IRCC may apply to the IRB-RPD to have your Convention Refugee or Protected Person status “vacated” or “ceased” (taken away).

You can lose your status in Canada because:

• IRCC believes that you gave evidence that is not true or that you hid important facts.
• IRCC believes that you have received protection or citizenship in another country. The reasons for this may include:
  • You chose to accept the protection of your country. You may have renewed or applied for a passport from your country, used your old passport, or traveled to your country.
  • You lost citizenship in your country and then chose to reapply for it after getting refugee status in Canada.
  • You got citizenship (and protection) in a new country. 
  • You chose to return to live in your country.
• IRCC believes that the reasons you asked for protection are now gone and you are no longer in danger in your country. In this case, you may be able to show there are still serious reasons why you cannot go back.

If IRCC has reasons to believe these, the IRB-RPD may ask you to come to a hearing.

If the IRB-RPD agrees with the IRCC:

• The RPD will issue a removal order. If you do not leave and do not appeal your decision or seek a stay of removal, you could be deported,
• you cannot enter Canada for five years,
• you will lose your permanent resident status if you have it, and
• you cannot appeal the decision to the IRB-RAD. You must apply for judicial review before the Federal Court.

Keep your refugee status in Canada

There are a number of ways to protect your refugee status in Canada:

Use of passport and travel:

• Do not apply for or renew a passport from your former country (or countries). 
• Do not use your old passport to travel to any country for any purpose.
• If you need to travel, apply for a Refugee Travel Document.
• Do not visit your former country or countries.

Maintaining credibility throughout your refugee claim process:

• Make sure that everything you say or give to the IRB-RPD for your refugee hearing is true and fully accurate. Make an effort to avoid errors or omissions.
• Do not exaggerate or downplay evidence.
• Do not hide any important and relevant information about your claim from the IRB-RPD.

Citizenship:

• Think carefully before applying for citizenship in another country because it may jeopardize your ability to stay in Canada.
• Apply for Canadian citizenship as soon as you can. Before you apply, talk with a legal representative. You can lose Canadian citizenship if you get it under false representations or omissions.

Criminal activity:

• Do not commit a crime. For some serious crimes, Canada can remove a refugee claimant, a protected person, or even a permanent resident status.  If you are involved in criminal court, let your lawyer know your immigration status. Ask your criminal and immigration lawyers how being found guilty might affect your status. Ask your criminal lawyer to contact your immigration lawyer so they can both assist you.

Eligibility for Appeal

Most refugee claimants can appeal (ask for a review) to the IRB-RAD if their refugee claim is rejected by the IRB-RPD. The IRB-RAD will tell you if you can appeal.

You may not be able to appeal to the IRB-RAD namely if:

• You are a designated foreign national.
• You withdrew or abandoned a refugee claim earlier.
• Your negative RPD decision states that your claim has no credible basis or is manifestly unfounded.
• You entered Canada as part of one of the exceptions under the Safe Third Country Agreement.
• IRB-RPD took away your refugee protection after giving it to you under cessation and/or vacation proceedings.

If you are not allowed to appeal to the IRB-RAD, you may file a Judicial Review Application to the Federal Court of Canada to review your claim. Ask a lawyer what steps you should take.

Start your Notice of Appeal

To start the appeal process, you must:

• Fill, sign and date your Notice of Appeal form.
• List everyone who is appealing or do a separate Notice of Appeal for each person.
• Mail three copies or email one copy of your Notice of Appeal​ to the registry of the IRB-RAD.
• Your lawyer can file this notice online for you.

After you send in the Notice of Appeal form, you will receive an Acknowledgement Letter, which includes the IRB-RAD registry office and contact information, the date you must file your Appellant’s Record, and explains what will happen next.

Complete your Appellant’s record

The appellant’s record is where you explain why you do not agree with the IRB-RPD decision.

For your appellant’s record, you must:

• Fill in an Appellant’s Record form.
• Follow the instructions in the Appellant’s Guide about what documents and information must be included in your Appellant’s Record.
• Send the following documents, in this order:
  • All or part of the transcript of your IRB-RPD hearing: If you choose to do this, you will first need to ask to have a written transcript of the recording that you got with the IRB-RPD decision. You also need to send a statement that the transcript that you are relying on is accurate, signed by the person who made it.
  • Any evidence the IRB-RPD did not allow during or after your refugee hearing. In a written statement, you will need to provide explanations on:
    • Whether the evidence you are sending is new evidence that did not exist or was not available to you when your claim was rejected,
    • Whether you are asking for a hearing to be held at the IRB-RAD and if you want to change the location of the hearing, and
    • If you need an interpreter, and the language and dialect.
  • Any law, case law, or other legal documents that support your appeal.
  • A memorandum document that describes:
    • The mistakes made by the IRB-RPD that you want the IRB-RAD to review.
    • Where to find these mistakes in the IRB-RPD document or in the recording or transcript of the hearing.
    • The decision you want the IRB-RAD to make.
• Review the IRB-RAD Appeal Checklist before sending in your appellant’s record.
• Mail two copies or email one pdf digital copy of your appellant’s record to the registry of the IRB-RAD via your lawyer portal.

IRB-RAD decision

The IRB-RAD Member reviewing your claim can:

• reject your appeal,
• decide to give you refugee protection, or
• send your claim back to a different Member at the IRB-RPD for a new decision.

The IRB-RAD will send you their decision and their reasons. They also send a copy of the decision to IRCC and CBSA.

If your IRB-RAD appeal is approved

If the IRB-RAD decides to approve your appeal, you are a protected person and can apply for permanent residence.

If your IRB-RAD appeal is rejected

If the IRB-RAD rejects your appeal, and you do not file an Application for Judicial Review before the Federal Court within 15 days of the refusal, CBSA could try to remove you from Canada. If you do not leave within 30 days after the refusal and are not accepted under h&c or under a permanent residency program, you will be under a deportation order and will need an authorization to return to Canada.

You may apply to the Federal Court for a judicial review of the IRB-RAD’s decision.

You might be able to apply to stay in Canada on humanitarian and compassionate grounds.

Understand Judicial Review

A judicial review means a Federal Court judge will look at the IRB-RPD or IRB-RAD rejection of your claim or appeal. If the judge decides the Member made a legal mistake, they send your claim back to the IRB-RPD. A different IRB-RPD Member will make a new decision.

You may be able to apply for judicial review if:

• You are not allowed to appeal to the IRB-RAD.
• The IRB-RAD rejects your appeal.

Get legal representation

If you want to apply for judicial review, get a lawyer as soon as possible. Other types of legal representatives (such as an immigration consultant) are not allowed to represent you in Federal Court. You may have to apply quickly to make the deadline, and then get a lawyer.

Stay in Canada

Whether you are eligible to stay in Canada depends on the IRB decision you want reviewed.

• If you are asking for a IRB-RAD decision to be reviewed:
  • You can stay in Canada until the Federal Court makes a decision unless you are from a designated country or unless you failed to meet your deadline to file a judicial review application.
• If you are asking for a IRB-RPD decision to be reviewed:
  • You may need to leave Canada. If CBSA tries to remove you before the judicial review, you can ask for an “administrative stay of removal.”

Start your application for judicial review

To apply for judicial review, you need permission (called leave) from a Federal Court judge.  You must show that the decision on your refugee claim was not fair or reasonable, or that there was a legal and/or factual error.

To start your application for judicial review, you must:

• Submit an Application for Leave within 15 days of getting your Notice of Decision from either the IRB-RPD or IRB-RAD.
• “Perfect” your application within 30 days of submitting your Application for Leave. This means you prepare an Application Record with documents and the legal reasons to support why you do not agree with the decision.

A judge looks over your documents and decides if you can get a full judicial review of your claim. If you cannot, your application is denied without reason. You will receive a decision refusing your authorization and your file will be closed.

Judicial review

If you are allowed to have a judicial review, the judge will render an order with a timeline to hear your case and to present a further memorandum and a reply. This order will also set a date for a hearing. The hearing is the chance for your lawyer to speak to the judge about your claim.

Get your decision

You may get the judge’s decision on the day of the hearing or later.

• If the Court agrees with the IRB-RPD or IRB-RAD decision and says there was no error, you may need to leave Canada. Discuss next steps with your lawyer if you have not done so already.
• If the judge decides the Board Member made a legal mistake or an error of fact or both, the Court can send your claim back to the IRB-RPD. A different IRB-RPD Member will make a new decision. This does not always mean that your refugee claim will be approved.

Who can apply

CBSA will tell you if you can apply for a PRRA and provide you with a Notification Regarding a PRRA. You cannot just decide to apply for one.

IRCC will assess your application to see if:

• Returning to your country will subject you personally to a danger of torture or there is a risk to life or cruel and unusual punishment. 
• You have a well-founded fear of persecution in your home country and are unwilling or unable to return or seek protection in that country.

Remain in Canada

If this is your first PRRA application, you will not be told to leave Canada. To make sure you can stay in Canada, be careful to meet the deadlines in the Notification Regarding a PRRA.

You will be allowed to stay in Canada unless:

• You say in writing that you will not apply for PRRA
• You miss the PRRA application deadline.
• Your PRRA application is refused.
• You withdraw or abandon your PRRA application.

How to apply

To apply for a PRRA, you must:

• Complete an Application for a PRRA.

Any family members in Canada who are 18 years of age or older must complete their own form.

You also have the option to:

• Prepare and submit written documents (submissions) that describe your situation. These explain why you think you would be at risk if sent back to your country or the country where you usually lived. In these submissions, it is important that you clearly answer the following questions:
  • Why would I be at risk if I was returned to the country? 
  • What kind of risks would I face and why?
  • How are these risks tied to me personally?
  • Can I move to another part of the country?
  • Does everyone else in the country have the same risk?
• Submit new evidence

If your refugee claim or an earlier PRRA application was rejected, you may only give new evidence. This is evidence you got after the rejection, or that you could not get earlier for a good reason. 

New evidence can include magazine or newspaper articles, legal, police, medical or personal documents, written testimonies, or personal letters. All evidence must be provided or translated in either English or French.

Submit your application and documents

Submit your completed PRRA application form(s), written documents (submissions) and new evidence to the IRCC office specified on your Notification Regarding a PRRA by the date listed. You can also submit your PRRA application through Connect. 

After you apply

Your application is accepted

If your PRRA application is accepted, you usually become a Convention Refugee or a Protected Person in Canada. After that, you can apply for permanent residence.

In some cases, you cannot become a Convention Refugee or a Protected Person in Canada but you can stay in Canada for a while longer. You must leave when things change or it is safe to send you back to your country.

Your application is not accepted

If your PRRA application is rejected, you must leave Canada.

You can apply to the Federal Court of Canada for a judicial review. You will still have to leave Canada unless you obtain an administrative stay of removal or ask the court for a “temporary stay of removal.”

Who can apply

You can apply for H&C if your refugee claim was denied over a year ago.

You cannot apply for H&C if:

• You have a refugee claim in process.
• You withdrew a refugee claim within the last 12 months, unless the claim was withdrawn before your hearing.
• You have been deemed a designated foreign national within the last 5 years.

The one-year prohibition does not apply to you and you can apply for H&C and do not have to wait for 12 months if you can show that if you leave Canada:

• it would not be in the best interests of a child (under 18 years of age) in Canada or outside Canada, or
• your life (or the life of one of your dependents) would be at risk because of a lack of health care if you return to your home country.

Remain in Canada

While you wait for the decision on your H&C application, you could be removed from Canada.

You may be able to stay in Canada if you are waiting for a Pre-Removal Risk Assessment (PRRA).

If you have a removal order, you must still leave on the removal date unless you benefit from an “administrative stay of removal” or for a “stay of removal” before the Federal Court.

Considerations

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

Each case is unique, you have the burden of proof to demonstrate that you qualify for H&C considerations.

Careful, you may not qualify to apply for H&C considerations namely if you:

• have submitted an H&C application for which a decision has not been made.
• have an outstanding refugee claim.
• became a designated foreign national within the last 5 years.
• Are subject to the one-year bar, if you had a negative decision from the RPD or the RAD or if your claim was abandoned or withdrawn and do not benefit from one or two of the exemptions of BIOC or unavailability of health coverage in your home country.

You must clearly show that you have sufficient and compelling reasons to be granted an exception to apply for permanent residency in Canada. When applying, keep in mind that IRCC looks for three main factors:

1. Potential for hardships or health risks in your country of origin.
   
   You must show that you are likely to suffer hardships if you return to your country or origin, this could mean that you are unable to obtain medical treatments or that you are facing risks of discrimination or bad treatments that do not amount to persecution. You may also present other risks not presented at your refugee hearing.
2. Degree that you have established yourself in Canada.
   
   You must show that you have established a life in Canada. This includes: the amount of time you have lived in Canada, your language skills, efforts to improve education and skills, your ties to family members living in Canada, volunteer, education, employment and financial contributions.
3. Best interests of the child.
   
   You must show that your child(ren) or children you support in Canada or overseas would be negatively impacted if you are removed from Canada. This includes: the child’s emotional, social, cultural and physical welfare, and the child’s relationship to other family members in Canada.

How to apply

Use this checklist to gather all of the forms and documents you need to complete to support your application. 

The Application can now be made online via the Permanent Residence Portal or the Authorized Representative Permanent Residence (PR) Portal.

You can also mail in your application to:
IRCC – Humanitarian Migration Office
300 – 800 Burrard Street
Vancouver, BC V6Z 0B6

You must send evidence that supports what you say in your application. For example, you might have documents related to the difficulty you face in your country or the best interests of a child. 

If you do not include all the required forms and documents, your application will not be processed and returned back to you by IRCC.

After you apply

You can update your application right up until you get a decision.

• If you completed your application properly, your application will be processed.
• If your application was incomplete, it will be sent back so you can finish it.
• If you do not send the proper payment, your application will not be processed and it will be sent back to you with instructions.
• If your application is approved, you may be called for an interview to confirm information, or give more details or you will be told in writing and learn the next steps to become a permanent resident (such as a medical exam and background checks).
• If your application is refused, you will be told in writing.

Discuss next steps with your lawyer.