What are the dangers of withdrawing a refugee claim?
If a refugee claim is withdrawn, any conditional removal orders take effect, and the claimant can be forced to leave Canada
Filing an H&C application does not give an applicant the right to remain in Canada until the application is decided.
A refugee claimant who withdraws their claim loses the right to make a refugee claim in Canada. There is no right to make another refugee claim, and it is very difficult to re-open a claim that has been withdrawn.
Also, the claimant’s health benefits from the IFHP are cancelled when they withdraw their claim.
There may also be different reasons why a person might not have the right to make an H&C application.
It is very important to get legal advice from an immigration and refugee lawyer before deciding to withdraw a refugee claim. A woman should try and speak to a lawyer with expertise in gender-based refugee claims.
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