And asylum seekers facing serious crime?

The rules regarding serious criminality also apply to asylum seekers, although with some specific differences. If an asylum seeker commits an offense classified as serious criminality, such as drunk driving, they could lose the right to continue their asylum application.

However, this does not mean that he or she will automatically be returned to his or her country of origin, especially if a return poses a serious risk, such as death or torture. In such cases, the applicant may file a Pre-Removal Risk Assessment (PRRA) request, a procedure aimed at assessing possible dangers before considering deportation. However, it is important to note that the chances of success of an ERAR application are generally much lower than those of an initial asylum application.

What about refugees who have already been recognized?

People granted refugee status in Canada benefit from a certain protection against deportation, thanks to the principle of non-refoulement which prohibits returning a refugee to a country where his life would be in danger. That said, there is an exception in the form of thedanger notice, a mechanism that can allow expulsion in exceptional circumstances, including in the event of a threat to public safety.

Conclusion: Act quickly to protect yourself

If you are an asylum seeker or refugee in Canada, it is essential to fully understand your rights and the risks associated with certain offenses. Acting quickly to obtain specialized advice can make a big difference in the outcome of your case. 

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