Understanding and applying to reopen abandoned refugee claims in Canada

For individuals seeking protection in Canada, having a refugee claim declared “abandoned” represents a serious setback with significant consequences. This post provides accurate information about what constitutes an abandoned claim and the process for potentially reopening such claims. What Constitutes an Abandoned Refugee Claim? Under section 168(1) of the Immigration and Refugee Protection Act (IRPA), the Refugee Protection Division (RPD) may determine that a proceeding has been abandoned if the claimant is “in default in the proceedings.” A claim may be declared abandoned for several reasons: When a claimant misses a deadline or hearing, the RPD schedules a special hearing on abandonment, typically within five working days after the missed obligation. At this hearing, the claimant has an opportunity to explain why their claim should not be declared abandoned. Consequences of an Abandoned Claim If the RPD declares a claim abandoned, the consequences are severe: Special Hearings on Abandonment When a claimant fails to meet procedural requirements, the RPD must give them an opportunity to explain why their claim should not be declared abandoned: Factors Considered in Abandonment Decisions In deciding whether to declare a claim abandoned, the RPD must consider: The central test is whether the claimant’s conduct amounts to an expression of intention that they do not wish to pursue their claim with diligence. Medical Explanations If a claimant’s explanation includes medical reasons, they must provide a legible, recently dated medical certificate signed by a qualified medical practitioner that includes: If unable to provide a medical certificate, the claimant must explain: Reopening an Abandoned Claim Rule 62 of the RPD Rules provides a mechanism to potentially reopen an abandoned claim: Application Process To apply for reopening: The application should be made without delay, as timeliness is a factor the RPD will consider. Given the complexity of reopening applications and the high stakes involved, seeking qualified legal representation is strongly recommended for claimants facing this situation. References 1 Refugee Protection Division Rules, SOR/2012-256.2. Immigration, Refugees and Citizenship Canada, “Guide 0174 – Application Guide for Inland Refugee Claims Portal” (14 February 2024).3.Refugee Protection Division Rules, SOR/2012-256, r 62. Disclaimer: This blog post provides general information and does not constitute legal advice. It is intended for informational purposes only. The information contained herein is not a substitute for professional legal advice from a licensed lawyer. Every refugee claim is unique, and the outcome depends on individual facts and legal circumstances. Do not act or rely on the information provided in this blog post without seeking the advice of a qualified legal professional. Contacting Ahlawat Law Professional Corporation through this blog post does not create a solicitor-client relationship. Past results are not indicative of future results, and the outcome will vary according to the facts of individual cases

Autonomous AI and the Law, Canada’s New Frontier

The rapid advancement of Artificial Intelligence, particularly the development of Agentic AI systems capable of independent decision-making and autonomous action, presents a profound challenge to established legal frameworks governing privacy and cybersecurity. For businesses, legal professionals, and policymakers in Canada, understanding and responding to these evolving complexities is a critical imperative. The integration of advanced AI with the landscape of cyber threats introduces several key legal considerations: In conclusion, the advent of Agentic AI demands a proactive and comprehensive legal response in Canada. It necessitates critical dialogue among legal professionals, industry stakeholders, and policymakers to develop robust, adaptive legal frameworks that ensure accountability, safeguard privacy rights, and foster a secure digital environment in the face of evolving AI capabilities.

Charting your course to Canadian Citizenship: An Ahlawat Law PC guide

Becoming a Canadian citizen is a significant aspiration for many permanent residents, marking the final step in their journey to make Canada their permanent home. This esteemed status grants a host of rights and privileges, including the right to vote, hold a Canadian passport, and enjoy the security of full citizenship. At Ahlawat LAW PC, we are committed to providing clear and accurate information to help you navigate this important process. This guide draws directly from official Government of Canada sources to outline the steps and requirements for obtaining Canadian citizenship. Are You Eligible? Key Criteria from IRCC Before you begin your application, it’s essential to meet the eligibility criteria set out by Immigration, Refugees and Citizenship Canada (IRCC). As per the official guidelines: Your Pathway to Citizenship: The Application Process The application process for Canadian citizenship involves several key steps, as outlined by IRCC: After You Apply: What to Expect Once IRCC receives your complete application: Processing Times According to the IRCC website, the general processing time for a routine citizenship application is approximately 10 months from the time a complete application is received. However, processing times can vary depending on factors such as the volume of applications, the complexity of your case, how easily IRCC can verify your information, and how quickly you respond to any requests from IRCC. You can check current processing times on the IRCC website. Why Choose Ahlawat LAW PC? Navigating the Canadian citizenship process can be intricate. While this guide provides an overview based on official information, individual circumstances can vary. Ahlawat LAW PC offers professional legal services to help you understand your eligibility, prepare a thorough and accurate application, and address any complexities that may arise. Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration laws and procedures are subject to change. Please consult the official Immigration, Refugees and Citizenship Canada (IRCC) website or contact Ahlawat Law PC for advice tailored to your specific situation.

The image depicts a warm and welcoming family reunion in Canada, with parents and grandparents visiting.

Welcoming your loved ones to Canada via Super Visa

At Ahlawat Law PC, we understand the deep desire to have your parents and grandparents join you in Canada for extended visits. The Super Visa is a fantastic program designed to make this a reality, allowing eligible parents and grandparents of Canadian citizens and permanent residents to visit Canada for up to five years at a time. It’s a visa that provides multiple entries and can be valid for up to 10 years. This blog post will delve into the key aspects of the Super Visa, helping you understand the eligibility requirements and the application process. What is the Super Visa? The Parent and Grandparent Super Visa is a special type of visitor visa that allows parents and grandparents to stay in Canada for a longer duration than a regular visitor visa. Instead of the usual six-month limit for most visitor visas, the Super Visa grants an initial stay of up to five years. This provides a wonderful opportunity for families to spend significant time together right here in Canada. Who is Eligible for a Super Visa? To be eligible for a Super Visa, both the applicant (the parent or grandparent) and the host (their child or grandchild in Canada) must meet certain criteria. Eligibility of the Applicant (Parent or Grandparent): Eligibility of the Host (Child or Grandchild in Canada): The Application Process: A General Overview The application process for a Super Visa generally involves these steps: Why Choose the Super Visa? The Super Visa offers significant advantages for Canadian families: Ahlawat Law PC: Your Trusted Partner in Family Reunification Navigating the intricacies of the Super Visa application can be challenging. At Ahlawat Law PC, our team is dedicated to providing you with the expert legal advice and support you need to successfully reunite with your parents and grandparents in Canada. We can assist you with: We deeply value the importance of family unity and are committed to guiding you through every step of the Super Visa process. Contact Ahlawat Law PC today for a consultation.