Refugee Determination


Refugee Appeals

The tribunal that decides refugee claims is called the Refugee Protection Division. If this tribunal, when deciding a case, determines that an individual is not qualified to be a refugee, there are still a few routes applicable to that person.

An appeal can be filed with the Refugee Appeal Division (“RAD”), to try and appeal the negative ruling. An appeal begins with filing a notice of appeal to the RAD, within the time frame set by the tribunal. At Esna Law PC, we are cognizant of the deadlines associated with filing an appeal, and then the process of the appeal preparation itself. We will work with you to make sure each deadline is met, all the documents filed, and that every party is ready for the hearing.

Refugee Appeals


Refugee Claims

There are situations, unfortunately, that require someone to ask for refugee help from within Canada. It is a difficult situation with an even more difficult process, but at Esna Law PC we are familiar with all aspects of refugee claims. The Canadian immigration system offers protection to some people who would be in danger if they had to leave Canada. The Immigration and Refugee Board will decide whether someone meets the criteria of a Convention Refugee, a person in need of protection, or whether their case lacks the support for either of those categories.

A Convention Refugee is someone outside of the country they usually reside in. They are not able to return to this country because of a well-rounded fear of persecution. This fear can be based on:

  • Race
  • Religion
  • Political opinion
  • Nationality, and being part of a social group that is not accepted in their country.

A person in need of protection is someone who cannot return to their country safely. This is due to:

  • Danger of torture
  • Risk to their life, and risk of cruel and unusual treatment or punishment

From the beginning of filling out the Basis of Claim form, to whatever end of the case, we at Esna Law PC will ensure that your case is handled with professionalism, compassion, and attention to detail.


Pre-removal Risk Assessment

A pre-removal risk assessment is an application that is submitted in order to explain why an individual is afraid to return to their home country. This application is filed along with supportive documents. This is an application that is valid only to those who are under a removal order from Canada. To be eligible for a Pre-Removal Risk Assessment (“PRRA”), an officer from the Canada Border Services Agency will notify the individual if they qualify. The qualification is checked only after the removal process has begun. As such, there is a strict list of rules and timelines that must be followed due to the removal order. This can be an extremely stressful time, both with the timelines and the undue anxiety being under a removal order brings. We would like to lighten the load as much as we can by taking care of the application deadlines and processes to follow. We, at Esna Law PC, understand how difficult it can be to make sure things are done correctly and on time.


Medical Inadmissibility

There are various processes and applications during which an individual is required to go through a medical screening. This exam is done to ensure that the applying individual does not post excessive demand on the healthcare system of Canada.

Esna Law PC has dealt with these cases before and can help with different routes and avenues available to you, should you find yourself in this situation.

Unauthorised Employment or Stay in Canada


Unauthorised Employment or Stay in Canada

If an individual does not possess any permit to work in Canada, ie. A Work Permit, or any other valid permit to be in the country, there are consequences. If there is a person who has been working without valid documentation, the company will be liable for a fine of up to $50,000 per violation or a term of imprisonment for up to two years. The individual themselves might be issued an inadmissibility report, and a notation will be made on the system that the Canada Border Services Agency and the Immigration, Refugees and Citizenship Canada use collectively.

This notation is incredibly difficult to remove, and the system will pick up a flag every time this individual attempts to enter Canada. Once this individual has left Canada, they will be barred from applying for a work permit in Canada for 6 months.