Monday 23 April 2012

Stay of Removal Order granted; A second PRRA application allowed!


Stay of Removal Order granted; A second PRRA application allowed!

There are situations when an individual can be required to leave Canada by the Canadian Government (because of various reasons) by the process of Removal Order. However, as a last resort, the Government does give that individual the option to provide evidence or convince the Government whether that person should be allowed to remain in Canada. This is process is called Pre-Removal Risk Assessment or PRRA. Usually once the PRRA application is rejected, the individual has no other option but to leave the country. In a very special situation and looking at the circumstances,  the Canadian Government has allowed a second PRRA, yesterday, in the case of a family out of ‘abundance of caution’. The PRRA process can take several months or years and the individual will generally stay back in the country until the time a decision is made. This particular case involved a rejected asylum claim (on basis of lacked credibility, unreliable testimony), a refused application for leave and judicial-review by Federal Court, a refused PRRA and a denied motion of stay of removal with the Federal court. As per the government, the case lacked evidence to prove its claims. It is therefore critical that all relevant information be provided (including the evidence) with your initial application so that such a situation may not arise at a later date.

The entire article can also be read at www.eaglelegal.ca.

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