(V) After your Refugee Hearing
Decisions regarding your refugee status may be provided at the conclusion of your hearing or, if the decision is reserved, may be mailed to your address within several weeks (or months) of your hearing.
- If your refugee claim was accepted by the RPD you will receive either "convention refugee" status or "protected person" status in Canada. Within the following six months you will be allowed to apply for permanent residence in Canada and include any family members in your application. For more information on obtaining permanent residence following an accepted refugee claim visit the CIC website.
- If your case was refused by the RPD you may wish to speak with a refugee lawyer to review your case. You only have 15 days following the negative decision to file an appeal in the Federal Court of Canada so it is important that you speak with legal counsel as soon as possible. In some cases it may also be possible that a legal aid lawyer can help you to appeal your case. For more information on legal aid services visit our Legal Aid BC page.
- If you do not wish to appeal your refugee case you may have up to 30 days to leave Canada voluntarily without receiving a "deemed deportation order". You may have to confirm your departure from Canada with Canada Border Services Agency ("CBSA") if you wish to avoid receiving the deportation order.
- If you do not leave Canada voluntarily, your removal from Canada may be arranged by a Canada Border Services Agency ("CBSA") removals officer. Prior to arranging your removal, the officer will most likely provide you with an opportunity to file a Pre-Removal Risk Assessment Application ("PRRA"). A PRRA application is your last opportunity to explain why you are at risk of harm or persecution in your country of nationality. A copy of the PRRA application can be found on our forms and guides webpage.
- In some circumstances it is possible that CBSA may try to remove you from Canada prior to your Federal Court case being heard or another immigration application being decided by Citizenship and Immigration Canada. If you wish to stop your deportation from Canada you may file a Stay Motion in the Federal Court. Stay Motions usually require a legal case to be filed and it is recommended that a refugee lawyer be contacted to discuss your case and chances of success.
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