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Can a refugee claimant who is not accepted make an H&C application?

An unsuccessful refugee claimant cannot make an H&C application until at least one year from the date their claim is finally:

  • refused,
  • abandoned, or
  • withdrawn after evidence was presented at the hearing.

This is often called the "one-year bar". Many claimants will be forced to leave Canada within that one-year period.

An unsuccessful refugee claimant who has applied for a pre-removal risk assessment and has not yet received a decision cannot make an H&C application.

If the claimant is a "designated foreign national", the waiting period is at least five years from the date of the designation.

Last updated: Jun 25, 2019


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