What to Do If Your Refugee Claim in Canada is Denied

It feels disturbing when you get to know that your refugee claim is refused because you may have fear in your mind that whenever you return, your life will be at risk. However, a rejection doesn’t always signify that you need to depart from the country immediately. There are still some of the processes that you can do to try to change the decision or find other legal ways to stay in Canada, so that you can start a new life in Canada with safety as well as benefits. In this article, we will explain the steps you should take if your refugee claim in Canada has been denied and how you can move forward to get your refugee claim.

1. Understand the Reason for Denial of Your Refugee Claim

The first thing you should do is read the decision letter carefully. The Immigration and Refugee Board of Canada (IRB) will usually give reasons for refusing your claim. Some common reasons are:

• Lack of evidence
• Inconsistencies in your story
• Safe country of origin
• No serious risk to life or freedom

When you get to know the real reason for refusing, only then will you and your lawyer figure out what to do next.

2. Submit an Appeal (If You Qualify)

Certain individuals can challenge the IRB’s decision by appealing to the Refugee Appeal Division (RAD). If you want to appeal, you must do it in 15 days of receiving the refusal letter. You should send all required documents within 30 days.

The RAD can:

• Review the decision
• Consider new evidence (in some cases)
• Order a new hearing or even approve your claim

But not all people are permitted to appeal. For instance, if you are from a country that is safe in the eyes of Canada, or if you have security concerns in your case, then you may not be eligible. A lawyer can assist you to determine whether you are eligible.

3. Apply for Judicial Review

If you are not allowed to appeal to the RAD, you can still ask the Federal Court to look at your case again. This is called a judicial review. You have to apply within 15 days if you are in Canada, or within 60 days if you are outside Canada.

This review is not a full court hearing. The judge will check if the IRB followed the correct steps when making the decision, not whether they think the decision was right or wrong. In case the judge discovers an error in how your case was processed, the judge might order a new hearing.

4. Think About Applying for a Pre-Removal Risk Assessment (PRRA)

If you might be sent back to your home country, you could qualify for PRRA. That is another opportunity to explain why going home would be a dangerous decision for your life.

To apply, you need to give new evidence or show that things have changed in your home country, and it is now dangerous for you to go back. A PRRA officer will look at your case and decide if you can stay in Canada.

5. Apply on Humanitarian and Compassionate Grounds

You may also have the option to apply for permanent residency based on humanitarian and compassionate reasons. This is for people who may not qualify as refugees but still face hardship if forced to leave Canada.

Your application must show:

• Hardship in your home country
• Ties to Canada (work, community, family)
• Best interests of any children involved

This process can take time and does not stop your removal unless you are granted special permission.

6. Get Legal Help

It is strongly advised to speak with a qualified immigration lawyer or legal aid clinic because they know better about the rules and ways to handle the situation. They can explain your options, file documents correctly, and represent you during hearings or appeals.

Conclusion

It is hard to accept that your refugee claim has been rejected, but you should not be worried about it, as it is possible to challenge the decision as well as stay legally in Canada. The key is to act fast and not waste time, seek legal advice from a CICC-IRB consultant, and explore all available pathways. With the right help and information, there is still hope for a better future. If you want better support and understanding, Contact CWC for expert help, as we offer a Free Assessment for our clients.