Notes from the Canadian Association of Refugee Lawyers (CARL) 2026 National Spring Conference, written for clients whose refugee, PRRA, RAD, or Federal Court file was failed by prior representation.
The File That Arrives in Our Office Every Month
There is a particular kind of file that arrives in our office almost every month. A client walks in carrying a thick binder. Sometimes they walk in with their bags already packed. Most often they walk in confused, exhausted, and convinced that their case is over.
It is not over.
But it is also not the case they think they are bringing me. The case I am actually taking on is the previous representation — every missed deadline, missing argument, and unfiled record that the prior lawyer or immigration consultant left behind.
Last Friday I attended the Canadian Association of Refugee Lawyers (CARL) 2026 National Spring Conference in Toronto. Two sessions in particular — PRRAs After C-12: Practice and Judicial Review (Anne-Cécile Khouri-Raphael, Laura Best) and Strategic Motions at the Federal Court (Maureen Silcoff, Lorne Waldman) — addressed exactly this reality. The senior refugee bar in Canada is increasingly absorbing the cost of inadequate prior representation, and they were direct about it.
If you are reading this because your case was failed by previous counsel, this article is for you. It will tell you, in plain English, what your options are and what to do next.
The Three Most Commonly Mishandled Refugee Files
1. The Botched PRRA (Pre-Removal Risk Assessment)
A Pre-Removal Risk Assessment (PRRA) is the legal mechanism for someone who has been ordered removed from Canada to argue that their removal would put them at risk in their home country. It is the last legal protection before a Direction to Removal. There is usually no second chance.
A botched PRRA looks like this:
- Submissions filed without country-conditions evidence
- A two-page letter where the file required 30 pages of evidence and argument
- Generic “fear of persecution” language without engaging the specific claim
- No reference to controlling Federal Court authority on changed country conditions
- Original RPD evidence neither re-tendered nor re-argued
The PRRA officer reads the submission, sees it does not engage the legal test, and refuses it. The client receives a Direction to Removal. They have weeks — sometimes days — before they are physically removed.
2. The Missed RAD Deadline
The Refugee Appeal Division (RAD) is the appeal body for negative refugee determinations. Deadlines are short and unforgiving — 15 days to file a notice of appeal, 30 days for the full appellant’s record.
Missed deadlines often happen when:
- The client was not told about RAD at all
- The client was told but in a language they did not fully understand
- The previous counsel said “let’s see what happens at PRRA later” instead of appealing
- The file was left on a junior staff member’s desk
By the time the client realizes the RAD window has closed, the negative RPD decision is final.
3. The “Filed but Not Litigated” Federal Court Judicial Review
This is the most heartbreaking pattern. The application for leave for judicial review is technically filed at the Federal Court. The client is told “your case is at Federal Court now.” The client waits. And waits.
What actually happened:
- The application for leave was filed, but no perfected application record was ever served on the Minister
- The leave application is dismissed for delay or for failure to perfect
- The deadline to refile has passed
- The client never knew — until they tried to confirm with the Court themselves months later
The Federal Court does not chase counsel for missing perfected records. The deadlines are the deadlines.
Why This Happens
The Canadian immigration and refugee system has a structural problem. Immigration consultants (RCICs) and paralegals are licensed for limited scope work. Refugee litigation — especially PRRA, RAD, and Federal Court — exceeds the competence of most non-lawyer representatives. But there is no clear gatekeeping mechanism stopping them from accepting these files.
The result is predictable. Vulnerable clients — often new arrivals, often unable to read English court documents, often with limited time and money — end up represented by someone whose practice volume cannot absorb the level of attention these files require.
The Law Society of Ontario, the College of Immigration and Citizenship Consultants (CICC), CARL, and the Federal Court itself have all expressed concern. But the structural pattern continues.
What Remedies Exist When Prior Counsel Failed You
The good news is that several legal remedies exist. They are technical and time-sensitive — which is exactly why they require a refugee lawyer, not another consultant.
Reopening on Grounds of Incompetent Counsel
The Federal Court has developed a clear test (the R. v. G.D.B. and Galyas doctrine) for setting aside a decision where prior counsel’s representation fell below the standard of professional competence and the result would likely have been different with competent representation.
Reopening on this ground requires sworn evidence of what happened, notice to the prior lawyer or consultant (giving them an opportunity to respond), and a demonstration that competent representation would have changed the outcome.
Filing a Second PRRA Where New Evidence Exists
If there is country-conditions evidence that postdates the first PRRA — or evidence that existed but the prior representative failed to put forward — a second PRRA may be possible. The legal threshold is strict, but it is real.
Mandamus (Compelling IRCC to Decide)
If your file has been stalled at IRCC for years — this is common with sponsorship and H&C cases — a mandamus application at the Federal Court can compel a decision.
Stay of Removal (Emergency Court Motion)
If you are facing imminent removal and a Federal Court judicial review can be filed, a motion for a stay of removal can pause the removal until the Court rules. This is one of the most time-sensitive applications in immigration law and is heard on hours’ notice in genuine emergencies.
Complaint Pathways (Last Resort)
If the prior lawyer’s conduct fell below professional standards, a complaint to the Law Society of Ontario (for lawyers) or the College of Immigration and Citizenship Consultants (for consultants) is possible. A complaint does not restore your file, but it can produce regulatory consequences for the practitioner.
How to Choose Your Next Lawyer
If your previous representation failed, choosing your next counsel is the single most important decision you will make in your case. Five questions to ask:
- “Are you a lawyer or a consultant?” Only lawyers can represent you at the Federal Court of Canada. For PRRA, RAD, and judicial review, retain a lawyer.
- “How many refugee or PRRA cases have you handled in the past 12 months?” You want someone whose practice regularly involves the specific work you need.
- “Will you write the submissions yourself?” Some firms delegate refugee submissions to junior staff with limited oversight. You want to know who is doing the legal analysis on your file.
- “What is your fee structure and what does it cover?” A reputable refugee lawyer will offer a fixed-fee retainer for most matters, with a clear written description of scope.
- “What do you think went wrong with my previous representation?” A good lawyer will give you a candid, specific answer based on reviewing your file — not vague reassurances.
About BridgePoint Law’s Refugee Practice
BridgePoint Law is a refugee and immigration litigation firm with offices in Kingston, Toronto, and Shanghai. Our refugee practice handles:
- Refugee Protection Division (RPD) hearings
- Refugee Appeal Division (RAD) appeals
- Pre-Removal Risk Assessments (PRRA)
- Humanitarian and Compassionate (H&C) applications
- Federal Court of Canada judicial review
- Stays of removal and Direction to Removal (DTR) work
- Reopening applications on grounds of inadequate prior representation
- Mandamus for stalled IRCC files
Service is available in English, Mandarin, Cantonese, Spanish, French, Korean, Japanese, and Arabic. We accept retainers for clients across Canada via video consultation.
Lead lawyer Dr. Ningjing (Natalie) Zhang is a member of the Law Society of Ontario in good standing, a refugee herself before becoming the lawyer who fights for them. She is the recipient of the 2021 WLAO Aird & Berlis Equality Award and the 2026 Kingston Newcomer Entrepreneur Award, an active member of the Canadian Association of Refugee Lawyers (CARL), and a featured author in the Ontario Bar Association’s Section Insider.
Frequently Asked Questions
How long do I have to file Federal Court judicial review after my refugee refusal?
Generally 15 days if the decision was made inside Canada and 60 days if the decision was made overseas. These deadlines are strict.
Can a second PRRA be filed?
Sometimes — if there is new and material evidence that postdates the first PRRA or that was not previously available. A lawyer must review the file to determine eligibility.
What if I am facing imminent removal?
Contact a refugee lawyer immediately. If a judicial review can be filed, a stay-of-removal motion may be possible. These applications are heard on hours’ notice in urgent cases.
Can I file a complaint against my previous lawyer or consultant?
Yes — to the Law Society of Ontario (lso.ca) for lawyers or the College of Immigration and Citizenship Consultants (college-ic.ca) for consultants. Complaints do not restore your file, but they may produce regulatory consequences.
What if I do not speak English well?
Our team works in Mandarin, Cantonese, and English at the lawyer level — not “translation available.” We take instructions, prepare submissions, and represent clients at hearings in your language.
How much does it cost?
Refugee litigation fees vary by case complexity. Most matters can be quoted as a fixed-fee retainer at the initial consultation. We do not charge for the initial review of your situation.
I am a Chinese-speaking client. Is there a Chinese version of this article?
Yes — please see our Chinese-language version.
Contact Us
If your refugee, PRRA, RAD, or Federal Court file has been mishandled — or if you simply want a second opinion on where your case actually stands — contact us:
📞 (613) 417-1850
📧 info@bridgepointlaw.ca
🏢 Kingston (HQ) · Toronto · Shanghai
This article is general legal information, not legal advice on any specific case. Outcomes depend on the facts of your individual matter.
