{"id":2516,"date":"2026-11-13T00:31:04","date_gmt":"2026-11-13T00:31:04","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/refugee-claim-refused-what-now-one-year-bar\/"},"modified":"2026-11-13T02:43:27","modified_gmt":"2026-11-13T02:43:27","slug":"refugee-claim-refused-what-now-one-year-bar","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/refugee-claim-refused-what-now-one-year-bar\/","title":{"rendered":"Refugee claim finally refused: what you can still do during the one-year bar"},"content":{"rendered":"

By Prabhpreet Kaur Sangha<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

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.<\/em><\/p>\n

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The bar:<\/strong> after a final refusal, you generally can’t apply for a PRRA or an H&C for 12 months.<\/p>\n

The exceptions:<\/strong> an H&C is still possible if removal would harm a child directly affected, or risk your life because adequate medical care isn’t available. A spousal sponsorship may also be possible.<\/p>\n

Why a lawyer:<\/strong> options during the bar are few, so using the right one at the right time matters. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

When is the refusal final?<\/h2>\n

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>. 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<\/a>. If the Federal Court refused leave, see Federal Court leave denied<\/a>.<\/p>\n

The 12-month bar<\/h2>\n
\n\n\n\n\n\n\n\n
What the one-year bar blocks<\/caption>\n
Application<\/th>\nBarred for 12 months?<\/th>\nExceptions<\/th>\n<\/tr>\n<\/thead>\n
PRRA<\/td>\nYes (IRPA s. 112(2)(b.1))<\/td>\nThe Minister can exempt nationals of certain countries (s. 112(2.1))<\/td>\n<\/tr>\n
H&C<\/td>\nYes (IRPA s. 25(1.2)(c))<\/td>\nRisk to life from lack of adequate medical care; adverse effect on the best interests of a child directly affected (s. 25(1.21))<\/td>\n<\/tr>\n
Spousal sponsorship<\/td>\nNo<\/td>\nSubject to the usual eligibility rules<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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<\/a>.<\/p>\n

What you can do during the year<\/h2>\n