New law related to previous claims in other countries

[Hellodear1]

Hi,

My wife is a refugee claimant and now has received letter from IRCC that since you have made claim in USA so we will redetermine your eligibility.

1. Can I add her to my application as I have not claimed in USA and am in the normal process ing?
2. If she becomes ineligible then can we appeal this decision in court or not?

Thanks

 

[Buletruck]

Biggest issue is the change is so recent, there isn’t much history.

1. Did you originally include her in your application?
2. Difficult to say if you can appeal particularly if you fall into the category the law covers. Essentially they are saying she was ineligible if they go that route.... which she is. Not much to appeal.

 

[Hellodear1]

1. Did you originally include her in your application?

Yes, she was in my original application and she applied when she came to Canada. Can I add her to my application as claimant?

 

[Buletruck]

Just a guess as I haven’t researched enough, but I would assume that if they determine she is ineligible, then you won’t be able to. You would have to sponsor her after your claim is accepted.

 

[Hellodear1]

Hi can any senior help? If I add my wife and kids to my application will they be safe or is there any other way?

 

[canuck78]

This is a question for your lawyer.