What to do if you are denied temporary protection?

Being denied temporary protection—whether it be protected person status, a CUAET visa, or another form of humanitarian refuge—is a serious challenge for those seeking safety and new opportunities in Canada. Such a refusal can occur at various stages: when initially applying for protected person status, when receiving a decision from the Canada Border Services Agency (CBSA), during a hearing at the Refugee Protection Division (RPD), or even after submitting a Pre-Removal Risk Assessment (PRRA). Regardless of the reason for the refusal, there are clear steps and strategies that will help a protected person defend their rights, file an appeal, or find alternative ways to stay in Canada.

1. Find out the reasons for the refusal

The first and critically important step is to carefully read the official refusal. Usually, the decision comes in the form of a written letter stating:

  • The specific reason for the refusal (e.g., “if the risks of return do not meet the criteria,” “incomplete BOC form,” etc.),
  • The stage of review (initial officer decision, RPD or PRRA decision),
  • Information on appeal or reinstatement deadlines (if any),
  • Contact information for further clarification.

A clear understanding of the reasons for the refusal will allow you to prepare the most effective arguments in the next steps.

2. Consult with an immigration law specialist

The refusal often contains complex legal terminology, so it is recommended that you immediately contact a licensed immigration consultant or lawyer. A professional will help you:

  1. Translate the legal wording of the decision into understandable language.
  2. Determine whether there are grounds for an appeal, PRRA, judicial review, or a new application.
  3. Prepare a strategy for further action, taking into account your individual circumstances: marital status, age of children, health status, availability of alternative routes to permanent residence.

Even if the initial application was submitted independently, professional assistance significantly increases the chances of a successful appeal or judicial review.

3. Appeal to the Refugee Appeal Division (RAD)

If the refusal concerns protected person status after a hearing at the RPD, you usually have 15 calendar days to file an appeal with the RAD. The procedure includes:

  1. Filling out the RAD-A form — this is the official appeal form that must be submitted along with a copy of the RPD decision.

  2. Paying the fee — RAD does not usually charge a fee for an appeal, but there may be an administrative fee for submitting additional documents.

  3. Preparing new evidence — RAD may consider evidence that was not submitted to the RPD, as well as arguments about procedural errors. For example, you can provide fresh eyewitness testimony, medical reports, or expert opinions that substantiate the increased risks of return.

  4. Written arguments — a separate written memorandum sets out your main arguments that the RAD should consider.

  5. Waiting for the hearing date — sometimes the RAD decides appeals based on written materials alone, but in complex cases it allows oral arguments.

The success of the appeal depends on how convincingly you prove the RPD's errors or the incompleteness of the risk assessment.

4. Judicial review in the Federal Court

If the RAD denies your appeal, or if your initial refusal was issued by an internal review officer (IRCC) without the right to appeal, the next step may be to apply to the Federal Court of Canada. Here, you challenge the decision-making process, arguing that the participants in the review made errors:

  1. Preparation of a statement of claim (Notice of Application for judicial review) — this document sets out the legal grounds: violation of the principles of fair trial, failure to take into account critical evidence, excessive influence of formal rules, etc.

  2. Filing with the court within 15–30 days after receiving the final decision (depending on the type of decision). Submitted to the Federal Court of Canada.

  3. Compilation of court records — all case materials (record) are compiled, including evidence, decisions, and correspondence with IRCC or RPD, which the court will use to analyze the case.

  4. Court hearing — the court analyzes only the legality of the process and does not reevaluate the facts. The court may overturn the decision and require IRCC or RPD to reconsider your application, taking into account the court's comments.

Judicial review is a complex procedure that requires in-depth legal knowledge, so working with a lawyer is mandatory.

5. Pre-Removal Risk Assessment (PRRA)

If the refusal is accompanied by a deportation decision and you have received a removal letter from the CBSA, you have the right to file a PRRA. This is a special measure:

  1. Submission deadline — as a general rule, within 15 days of receiving the CBSA's written decision (or 22 days if the decision is sent by mail).

  2. Submitting a PRRA application — filling out the appropriate form and providing a detailed description of the risks you face if you return to your country of origin.

  3. Submitting new evidence — any circumstances that were not considered in the original case, including recent political, social, medical, or other changes in your country of origin.

  4. Pay the fee — the standard PRRA fee is approximately CAD $200 (depending on the type of application), plus possible translation and notarization costs.

  5. Wait for a decision — PRRA is considered in writing without an oral hearing. The decision is made by a CBSA officer who assesses whether there is a reasonable risk to your life or safety upon return.

The PRRA is a “last chance” for those who have already been deprived of their status, so it is important to gather as much reliable evidence as possible.

6. Partial rehabilitation on humanitarian and compassionate grounds (H&C)

If all standard appeal and court avenues have been exhausted or are not applicable, you can apply on humanitarian and compassionate grounds (Humanitarian and Compassionate application). This mechanism allows IRCC to consider your personal circumstances:

  • Protection of children who may suffer from deportation.

  • Establishment of long-term ties with Canada (employment, volunteer work, social integration).

  • Medical needs that cannot be met in the country of origin.

  • Emotional and psychological risks to family members.

An H&C application includes a comprehensive dossier: written evidence, medical reports, letters of support from employers, medical institutions, psychologists, and community organizations. The process can take one to two years, but success grants the right to permanent residence.

7. Preparing for possible departure

If none of the above options have yielded positive results, you should prepare for voluntary departure from Canada. This may facilitate your future immigration history:

  • Gathering documents for departure: passport, police report, final decision from IRCC/CBSA.
  • Search for humanitarian corridors or return assistance programs that can facilitate departure and provide support for reintegration in the country of origin.
  • Contact community organizations that help people leaving Canada by taking advantage of return programs.

8. Tips and recommendations

  1. Set deadlines: the timing of appeals and court deadlines is critical. Use calendar reminders.

  2. Stay in touch with your lawyer: even if the decision is negative, a specialist will help you decide on the next step.

  3. Gather evidence: witnesses, documents, medical certificates — the more evidence you have, the stronger your case will be.

  4. Comply with IRCC/CBSA requirements: submit your biometrics on time, respond to requests, and do not violate immigration conditions.

  5. Take care of your mental health: family support, communication with psychologists or volunteer organizations will help reduce stress in a difficult situation.

Denial of temporary protection is not the end of the road, but a difficult stage that requires careful analysis, a clear plan of action, and, most often, professional support. By using appeal mechanisms, judicial review, PRRA, or humanitarian grounds, you can defend your rights and continue your search for safety in Canada. The main thing is not to delay, to act quickly and decisively, to carefully prepare your documents, and to make a convincing case.