An FN and their child had a joint refugee claim rejected and didn't leave Canada within 30 days of the removal order becoming enforceable. Now 17 years old, the child is detained while attempting to re-enter Canada from the United States without an ARC. The child asks an RCIC what happens next.
The Minister's delegate will refer them for an admissibility hearing.
Given the circumstances of the child's detention while attempting to re-enter Canada, the next procedural step is for the Minister's delegate to conduct an admissibility hearing. This hearing will assess whether the child can be allowed to enter Canada or if there are grounds for inadmissibility based on the previous removal order.
This choice suggests immediate deportation based on a prior order, but it does not account for the legal process involved. Before any deportation can take place, the individual is entitled to attend an admissibility hearing to explore their current situation and potential eligibility for re-entry.
While this choice may seem plausible, the Minister's delegate cannot simply issue a new deportation order without first conducting an admissibility hearing. The hearing is necessary to determine any changes in the child's circumstances or legal grounds for entry, thus making this option premature.
This option incorrectly assumes that the child can make a new refugee claim upon re-entry. However, since the joint refugee claim was rejected and they did not leave Canada within the stipulated time, they may not be eligible to make another claim without undergoing the admissibility process first.
In this scenario, due to the child's previous removal order and current detention, the appropriate next step is an admissibility hearing. This process ensures that any potential grounds for inadmissibility are thoroughly examined before any decisions regarding deportation or refugee claims are made. It highlights the legal protections afforded to individuals in such situations, allowing for a fair assessment based on current circumstances.
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