What if a claimant has been found ineligible for a hearing?
The claimant can ask the Federal Court to review the decision. This is called an ‘application for leave’. The claimant must apply within 15 days of being found ineligible. They will need a lawyer for the application.
Even if the Federal Court agrees to review the decision, the claimant might still have to leave Canada. If there is a removal order, the claimant could be forced to leave Canada before the Court decides the case. To prevent this, they can apply for a ‘stay of removal’. If the Court grants a stay, this allows the claimant to stay in Canada until the Court decides the case.
In some cases, a claimant who is facing removal may be eligible for Pre-Removal Risk Assessment. But a claimant cannot apply unless it has been at least one year since their claim was finally refused, withdrawn, or abandoned at the Immigration and Refugee Board. A claimant from a designated country of origin must wait three years.