An ineligibility determination prevents referral of the claim to the RPD. The reason for ineligibility determines the consequences and whether PRRA, permits, Federal Court proceedings or other options may be available.
Issues requiring careful review
- Exact statutory ineligibility ground
- Removal-order status and CBSA process
- PRRA eligibility and any waiting period
- Effect on work or study authorization
- Judicial review deadlines and possible stay request
How we prepare the matter
- Obtain the complete procedural history, decisions, notices and prior submissions.
- Build a detailed chronology and identify inconsistencies or missing evidence.
- Apply the governing legal test to the claimant’s particular facts.
- Develop corroborating, expert and country-condition evidence where relevant.
- Prepare focused written representations and hearing testimony within applicable deadlines.
Credibility and disclosure
Refugee proceedings often compare oral testimony with the Basis of Claim form, port-of-entry notes, immigration applications, documentary evidence and prior statements. An omission is not automatically fatal, but material differences should be identified early and explained truthfully with supporting evidence where available.
Frequently asked questions
Can an ineligible claimant still present risk evidence?
Some may later become eligible for a PRRA, while specific ineligibility grounds exclude PRRA access. The decision and current legislation must be reviewed carefully.
Can a positive result be guaranteed?
No. Refugee and protection decisions are made by the responsible tribunal or authority. Representation focuses on lawful strategy, reliable evidence, procedural fairness and clear submissions.
Where can I verify the governing procedure?
See the official Canadian government or Immigration and Refugee Board information. Current rules and the complete record must be checked before taking action.
Refugee law, procedures, country conditions and available remedies can change. Information on this page is general and is not a substitute for advice based on the complete record.