Refugee protection granted after refugee claim was denied

Jenny Rokhline
August 25, 2022
Often times when you lose your refugee hearing you can file an appeal of the decision and have it reviewed by the Refugee Appeal Division.

Andrew came to Canada as a visitor and applied for refugee protection right at the airport. He then hired a renowned law firm to represent him with his refugee claim. Andrew had a good  story about his persecution and had supporting documents to prove that he was in danger in his home county.

Unfortunately for Andrew, his legal representative did not act in his best interests at the hearing. The lawyer did not object to the questions that were asked of Andrew by the Refugee Board judge, did not highlight in the closing statement that the small inconsistencies in Andrew’s testimony were not important to his refugee case. As a result, the Refugee Board judge decided that Andrew had no danger back home and refused to give him refugee protection.

Heartbroken and terrified, Andrew came to Legally Canadian in hopes to appeal the negative refugee decision. First of all, we ordered a recording of Andrew’s hearing and listened to it. Second, we made notes on the aspects where the Refugee Board judge made improper questions, did not follow the refugee guidelines and speculated with respect to Andrew’s danger in his home country. Based on the questions of the Refugee Board judge we made an argument that the judge was doing a microscopic analysis of Andrews case – something that the Refugee Board judges should not do.  We submitted our appeal of the negative decision to the Refugee Appeal Division. One year later Andrew’s appeal was allowed and a new refugee hearing was scheduled for him a few months later.

So what happened?

Andrew asked Legally Canadian to be his lawyers at his refugee hearing. We prepared him for the hearing, presented all of the previously submitted documents and made extensive submissions on his situation. Less than a month after the new refugee hearing, Andrew received his positive refugee decision. Andrew is now applying for permanent residence.

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