Refugee claim finally refused: what you can still do during the one-year bar

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 13, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 12, 2026: IRPA ss. 25(1.2), 25(1.21), 49 and 112, IRPR s. 231 and CBSA’s removals page checked that day.

Once a refugee claim is finally refused, by the Refugee Protection Division, the Refugee Appeal Division or the Federal Court, the options narrow sharply. For 12 months, you generally can’t apply for a pre-removal risk assessment or for permanent residence on humanitarian and compassionate grounds. There aren’t many routes during that year. If you are in a genuine relationship with a Canadian citizen or permanent resident, a spousal sponsorship may be possible. There are two exceptions to the H&C bar. And in practice, CBSA cannot remove you without a valid travel document, such as a passport, although you are legally required to help obtain one.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises people after a final refugee refusal, including spousal sponsorships, H&C applications, PRRAs and Federal Court stays; this guide is by Prabhpreet Kaur Sangha.

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When is the refusal final?

A refugee claimant’s removal order comes into force when the claim is finally rejected. If you appeal to the RAD, removal is held off while the appeal is decided; see appealing a refused refugee claim to the RAD. A judicial review of a RAD decision filed on time usually stays removal until the Federal Court decides leave and, if granted, the review (IRPR s. 231). There are exceptions. If you had no RAD appeal, see no credible basis decisions. If the Federal Court refused leave, see Federal Court leave denied.

The 12-month bar

The 12 months run from the latest of the RPD, RAD or Federal Court decision. More on the PRRA bar is in the PRRA guide.

What you can do during the year

• H&C under an exception. If removal would affect your child, or you face a risk to your life because your country can’t provide adequate medical care, the bar does not apply. The evidence has to fit the exception squarely.
• Spousal sponsorship. If you are in a genuine relationship with a citizen or permanent resident, an in-Canada sponsorship may be possible. Applying after CBSA considers you ready for removal usually doesn’t protect you from removal; see sponsoring a spouse who is out of status and removal while a spousal sponsorship is pending.
• Deferral and stay. When a removal date is set, a deferral request and a Federal Court stay motion may be possible on specific grounds; see a stay after a PRRA or deferral refusal.

Travel documents

CBSA can’t remove you without a valid travel document that your country will accept. CBSA’s removals page says people subject to removal orders must surrender their travel documents and, if they have none, must obtain one. Refusing to cooperate can be treated as a reason to detain you. Getting a document from some countries takes a long time, which is often why removal does not happen right away. That delay is not a status; it is a gap to use carefully.

Why this needs a lawyer

One lawyer, one file, every step:

• confirming when the refusal became final and when the 12 months end;
• checking whether an H&C exception or a country exemption applies;
• assessing a spousal sponsorship if you are in a genuine relationship;
• preparing a deferral request and stay motion if removal is scheduled;
• planning the PRRA for when the bar ends.

During the one-year bar, a wrong application wastes time you don’t have, and missing the right one can mean removal before the bar ends. The choice depends on your family, health and the date.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.

Mistakes I have seen

• Filing a standard H&C during the bar without fitting an exception.
• Assuming you can’t be removed because you don’t have a passport.
• Refusing to cooperate with CBSA on travel documents.
• Waiting until the bar ends to plan, after removal has already been arranged.

Frequently asked questions

Can I apply for a work permit after my refugee claim is refused?

In some cases a work permit can be renewed while a removal order is unenforceable, but this depends on the circumstances. Get advice on your situation.

Can I make a second refugee claim?

No. A person whose claim was rejected can’t make another refugee claim in Canada.

Will CBSA remove me before the 12 months are up?

It can. The bar limits your applications, not CBSA’s ability to remove you.

Related guides: appealing a refused refugee claim to the RAD, no credible basis decisions, Federal Court leave denied, the PRRA guide, sponsoring a spouse who is out of status, a stay after a PRRA or deferral refusal.

What should I do right now?

Write down the date of your final decision, check whether you have a child or medical issue that fits an exception, and get advice on your options before CBSA calls you in.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Legal aid: If you live in British Columbia, you may qualify for Legal Aid BC for this. We take Legal Aid BC files. See how to get a legal aid for refugee appeals in BC.

Sources (official)

• Immigration and Refugee Protection Act, s. 25(1.2) and (1.21)
• Immigration and Refugee Protection Act, s. 112
• Immigration and Refugee Protection Regulations, s. 231
• CBSA: Enforcing removals from Canada (modified October 5, 2026)

This article is general information, not legal advice. Every case depends on its own facts.