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:
- 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- withdrawn after evidence was presented at the hearing.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.