Ineligibility for TRP Regulations

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Questions and Answers

An individual whose refugee claim was rejected by the Refugee Protection Division (RPD) is seeking a Temporary Resident Permit (TRP). Under what circumstance are they ineligible to apply for a TRP?

More than 12 months have passed since the RPD rejected their claim, and they have not appealed to the Refugee Appeal Division (RAD).
More than 12 months have passed since the RPD rejected their claim, and they have made an application for leave to the Federal Court.
Less than 12 months have passed since the RPD rejected their claim, and they have not made an application for leave to the Federal Court. (correct)
Less than 12 months have passed since the RPD rejected their claim, and they have appealed to the Refugee Appeal Division (RAD).

A refugee claimant's appeal to the Refugee Appeal Division (RAD) was rejected. They now wish to apply for a Temporary Resident Permit (TRP). What is the earliest point they become eligible to request a TRP following the RAD rejection, assuming no further appeals?

Immediately, as the RAD rejection supersedes the initial RPD decision regarding TRP eligibility.
Immediately after the RAD rejection, as long as they abandon any further appeal options.
After 12 months from the date of the rejection by the Refugee Appeal Division (RAD). (correct)
After 12 months from the initial rejection by the Refugee Protection Division (RPD).

An application for leave and judicial review to the Federal Court, following a rejected refugee claim, has been decided. When does the earliest period for TRP eligibility begin for the claimant?

From the date of the decision on the application for leave and judicial review from the Federal Court. (correct)
From the date of the initial rejection by the Refugee Protection Division (RPD).
From the date of rejection by the Refugee Appeal Division (RAD), if an appeal was made.
From the date the application for leave and judicial review is filed with the Federal Court.

A refugee claimant had their claim rejected by the RPD, did not appeal to the RAD, and did not apply for judicial review. After 9 months, they wish to apply for a TRP. Are they eligible to apply for a TRP at this time?

<p>No, because less than 12 months have passed since the RPD rejection and no appeal was made to RAD. (D)</p> Signup and view all the answers

Which scenario describes a situation where a failed refugee claimant is ELIGIBLE to request a Temporary Resident Permit (TRP)?

<p>15 months have passed since their RPD claim was rejected, and they abandoned their RAD appeal after substantive evidence was heard. (C)</p> Signup and view all the answers

Flashcards

Who cannot apply for a TRP?

A failed refugee claimant is ineligible for a Temporary Resident Permit (TRP) if their refugee claim is rejected, withdrawn after evidence is heard, or abandoned, and no appeal has been made to the Refugee Appeal Division (RAD) or the Federal Court.

What is the waiting period for a TRP after an RPD rejection?

A failed refugee claimant must wait at least 12 months before applying for a TRP if their refugee claim was rejected by the Refugee Protection Division (RPD).

How long after a RAD rejection can a refugee claimant apply for a TRP?

If a refugee claimant appeals their rejection to the Refugee Appeal Division (RAD), they must wait at least 12 months after the RAD's rejection before applying for a TRP.

What is the waiting period for a TRP after a Federal Court decision?

If a refugee claimant appeals to the Federal Court, they must wait at least 12 months after the Federal Court decision on their application for leave and judicial review before applying for a TRP.

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What is the general rule for waiting periods before applying for a TRP?

A failed refugee claimant is not eligible for a TRP if they haven't waited at least 12 months after their claim was rejected by the RPD or the RAD, or after their application for judicial review was decided by the Federal Court.

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Study Notes