Not the End of the Road: What Happens After a Refused Refugee Claim in Canada?

It's tough to hear that your refugee claim or permanent resident application wasn't approved in Canada. You might be worried about what comes next. The good news is, Canada understands that sending people back to danger isn't the right thing to do. That's why there are other ways you might be able to stay.

Keep in mind, these options aren't a sure thing, but it's worth finding out if they apply to your situation.

Here are some paths you can explore:

1. Pre-Removal Risk Assessment (PRRA): A Second Look at the Danger

• What it is: If you get a letter telling you to leave Canada (a removal order), you might be able to apply for a PRRA.

• How it works: A government officer will look at all the information about your case and any new evidence you have. They'll decide if sending you back to your home country would put you in danger or at risk of persecution.

• Think of it like: One last check to make sure it's safe for you to return home.

  A recent Federal Court case, Rosembert v. Canada (Citizenship and Immigration), 2025 FC 641, highlights the critical importance of a thorough and legally sound assessment during the PRRA process. In this case, Mr. Rosembert, a citizen of Haiti facing a deportation order due to past criminal convictions, applied for a PRRA based on the risk he claimed he would face upon return. The Federal Court ultimately found that the officer who rejected Mr. Rosembert's PRRA may have misapplied the legal test for assessing the risk of persecution ("more than a mere possibility"). This case underscores that the PRRA is a crucial opportunity for a careful re-evaluation of the dangers faced by individuals facing removal.

2. Appealing to the Refugee Appeal Division (RAD): Another Chance at the IRB

• What it is: If your initial refugee claim was turned down, you might be able to appeal to a special part of the Immigration and Refugee Board (IRB) called the RAD.

• Important Note: Not everyone can appeal to the RAD. There are rules about who is eligible. You'll need to check the IRB website to see if you qualify.

• Think of it like: Asking a higher court within the refugee system to review the first decision.

3. Asking the Federal Court for a Judicial Review: Getting a Judge's Opinion

• What it is: You can ask the Federal Court of Canada to take a look at the decision made on your case. This isn't a re-hearing of your whole story.

• How it works: The Federal Court will review whether the original decision was made fairly and according to the law. They won't usually look at new facts.

• Think of it like: Asking a judge to see if the process was done correctly. As seen in the case of Rosembert v. Canada (Citizenship and Immigration), 2025 FC 641, judicial review is a potential avenue for those who believe there was a legal error in the decision-making process of their PRRA or refugee claim.

4. Humanitarian and Compassionate Grounds (H&C): Special Cases

• What it is: In some very special situations, Canada can allow people to become permanent residents for humanitarian and compassionate reasons.

• What it looks at: This considers things like how settled you are in Canada, the hardship you would face if you had to leave, and the best interests of any children involved.

• Think of it like: An exception made because of your unique and compelling circumstances.

What Should You Do Next?

If your refugee claim or permanent resident application has been refused, it's crucial to act quickly and understand your options. The case of Mr. Rosembert highlights the complexities of these processes and the importance of ensuring legal standards are correctly applied.

• Get Legal Advice: Talk to an experienced immigration lawyer or a registered immigration consultant. They can assess your situation and help you understand which options might be available to you, including the possibility of a PRRA or judicial review.

• Gather Information: Collect any new evidence that might support your case.

• Act Fast: There are often deadlines for applying for these different options.

Even though a refusal can be discouraging, remember that there might still be paths to explore to stay safe in Canada. Don't give up hope – seek help and understand your next steps. Cases like Rosembert demonstrate the ongoing legal processes available to those who have been refused.

Do you have questions about your refused refugee claim or permanent resident application? Contact Arrowhood Immigration Services Inc. today for a consultation.

We're here to help you understand your options and navigate the complexities of the Canadian immigration system