Emma came to Canada on a tourist visa to visit her sick parents. When she stayed in Canada, the security situation in her home country deteriorated and Emma decided to apply for refugee protection in Canada. Emma’s English was poor at the time and she decided to find an immigration adviser who spoke her mother tongue. After Emma made her refugee application, she stayed in Canada, waiting for her hearing to be scheduled for refugees. Unfortunately for Emma, it took many years to schedule her hearing.
Years passed, Emma worked in Canada with a refugee work permit and was still waiting to be heard. During these years, Emma moved from one apartment to another and updated Immigration Canada, and her advisor was constantly moving to her new home address. What Emma didn’t know was that she also had to update her home address with the Refugee Board. She never did this because she believed that her legal representative would update her address.
One day Emma received a letter from the Canada Border Services Agency asking her to come to a meeting. Emma tried to call her representative in surprise, but she couldn’t. During the interview with the Canada Border Service Agency, she was informed that she had missed her refugee hearing and was due to be deported from Canada. In a panic, she called Legal Canadian and we started unraveling the mess with her refugee affair. There is only one way to reopen a refugee affair that should be abandoned, as in Emma’s case: you have to prove that there has been a violation of natural justice – which means that something has happened in this case that would not be unfair , In Emma’s case, the violation of natural justice was that she was never informed of her hearing about refugees. We had to make an urgent request to reopen the refugee issue because she had no opportunity to present her refugee case and have her risk assessed.
So what happened?
Emma’s refugee affair was reopened and her deportation was canceled. A new hearing on refugees was planned at which Emma can present her case.
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