Pathway finder
Stay on humanitarian grounds: My refugee claim was refused
Routes people usually look at
1
Waiting out the one-year bar
Generally, you cannot apply for H&C until 12 months after the last refusal, withdrawal or abandonment of your refugee claim by the Refugee Protection Division or Refugee Appeal Division, or after the Federal Court refuses leave or dismisses judicial review.2
Applying within the year under an exception
The bar does not apply if removal would put your life at risk because your country cannot provide adequate health or medical care, or if removal would harm the best interests of a child directly affected.3
Other routes first
Such as an appeal to the Refugee Appeal Division or judicial review, which have their own short deadlines.
What’s usually involved
- Note the date of the last refugee decision.
- Check whether an appeal or judicial review is still open.
- Check whether an exception to the one-year bar applies.
- Gather evidence of establishment, hardship and any children affected.
- Prepare submissions that address hardship rather than refugee risk alone.
Documents you’ll typically need
Timing
Judicial review of a refugee decision made in Canada must generally be started within 15 days. Some people are also subject to a separate bar, for example designated foreign nationals, who generally wait five years.
Common pitfalls
- Filing during the one-year bar without an exception
- Letting the RAD or Federal Court deadline pass
- Re-arguing the refugee claim instead of showing hardship
- Waiting for a removal date before getting advice
This is general information, not legal advice about your situation.
Talk it through with Manny
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