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Refugee Law

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If you are in Canada and you are afraid to return to your home country because you fear persecution there, you may have an option to claim refugee protection in Canada and have your claim assessed by Immigration and Refugee Board of Canada. This assessment is a formal process in the course of which all of your evidence supporting your claim as to why you cannot return to your home country is considered along with your testimony at a hearing.

You have the right to be represented by counsel during the time prior to your hearing as well as during the hearing and after the hearing.

If you are successful, and your claim is accepted because you have satisfied the Board that you have a well-founded fear of persecution in your home country if you return, you will be granted protection in Canada. You will be allowed to remain in Canada except for some limited circumstances. You will then be able to apply for Permanent residence and eventually for Canadian Citizenship.

If you are not successful and your claim is rejected, depending on the circumstances of your case, you may be able to appeal the negative decision to the Refugee Appeal Division or seek Judicial Review of that decision in the Federal Court of Canada.

If you have exhausted these options, you may submit an application for Permanent Residence based on Humanitarian and Compassionate Grounds. It is called an H&C Application.

Another option is a Pre-Removal Risk Assessment application, a PRRA application. If eligible, in the course of this application, one must show that if the removal order against you is executed and you are returned to your home country, you will be put at risk of physical harm. If you are successful on this application, you will be allowed to remain in Canada.

Each and every one of the above-mentioned steps are tied to complex legal and procedural rules and requirements. We are here to help you navigate through those. Book a free consultation and speak with a lawyer today!

FOMCENCO LAW can help you with the following:

  • Submit your Refugee Claim

    • Prepare your Refugee Claim Forms​

    • Assist you with writing your Narrative

  • Represent you at your Refugee Hearing

  • File an Appeal on your behalf if you are not successful on your Refugee Hearing

  • File a Judicial Review Application with the Federal Court of Canada if your Refugee Appeal has been rejected

  • File an Application for Permanent Residence on Humanitarian and Compassionate Grounds (H&C)

  • Submit a Pre-Removal Risk Assessment Application (PRRA) if you are about to be deported

  • Submit an Application for Deferral of your Removal

  • Submit an Application for Stay of Removal with the Federal Court of Canada

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