Elderly parents claiming asylum in Canada who face severe medical decline often rely on a Humanitarian and Compassionate (H&C) application or a Pre-Removal Risk Assessment (PRRA). While a PRRA is free, the standard IRCC processing fee for an H&C application is currently $660 CAD (or $1,260 CAD including the Right of Permanent Residence Fee).
When families are forced to flee their home countries, older adults often face the most terrifying hurdles. Elderly parents claiming asylum in Canada frequently arrive with complex health needs, cognitive decline, or a complete lack of support systems back home. The Canadian immigration system recognizes that deporting a vulnerable senior to a country where they have no family, no medical care, and no means of survival can be a violation of basic human rights.
But simply being old or sick is not automatically a free pass to stay in the country. 📑 If a refugee claim is denied by the Immigration and Refugee Board (IRB), families must act quickly to utilize alternative legal defences. Generally, refugee law in Canada allows for specific pathways, such as the Humanitarian and Compassionate (H&C) application, to stop the Canada Border Services Agency (CBSA) from executing a deportation order against highly vulnerable seniors.
Step-by-Step Process in Canada
Whether your elderly parents are staying in Toronto, Vancouver, or Montreal, navigating the post-rejection landscape requires immense care. Most families choose to search our directory and hire a dedicated law firm to manage this delicate process, as the evidentiary burden to prove severe hardship is extremely high.
Step 1: Gathering Comprehensive Medical Evidence
The foundation of an age-related defence is undeniably the medical documentation. 📸 You must collect detailed reports from Canadian doctors, specialists, and social workers outlining the senior’s cognitive or physical decline. If they suffer from conditions like dementia or severe mobility issues, the evidence must clearly show that travelling or living alone back home would endanger their life.
Step 2: Filing a Humanitarian and Compassionate (H&C) Application
An H&C application asks Immigration, Refugees and Citizenship Canada (IRCC) to grant permanent residence based on exceptional hardship. Your lawyer will argue that deporting the elderly parent would cause disproportionate suffering, especially if they rely entirely on their children in Canada for daily feeding, bathing, and financial support.
Step 3: Responding to a PRRA Notification
If the CBSA is actively moving to deport your parent, they will typically issue a Pre-Removal Risk Assessment (PRRA) notification. 🔍 This is a final safety check before deportation. You have only 15 days to apply and 15 more days to submit evidence proving that new risks-such as a recently diagnosed terminal illness or deteriorating security in their home country-make their return unsafe.
Step 4: Requesting a Deferral of Removal
If a deportation date is set before the H&C application is approved, your lawyer must urgently request an administrative deferral of removal from the CBSA. If the CBSA enforcement officer refuses, you may need to file an emergency motion for a stay of removal at the Federal Court of Canada.
How Much Does it Cost in Canada?
Defending an elderly parent against deportation involves significant legal and government fees. Here is a breakdown of the standard expenses you can expect in Canadian dollars:
- H&C Application Fee: The IRCC processing fee is $660 CAD for the principal applicant, plus an optional but recommended $600 CAD Right of Permanent Residence Fee (RPRF), totaling $1,260 CAD.
- PRRA Application: Filing a Pre-Removal Risk Assessment is completely free of government charges.
- Medical Reports: Obtaining private expert medical assessments or psychological reports can cost between $500 and $2,000 CAD.
- Law Firm Retainers: Hiring an experienced Canadian refugee lawyer to handle complex H&C or Federal Court stays generally costs between $4,000 and $8,000 CAD.
| Legal Pathway | Focus of the Application |
|---|---|
| PRRA (Pre-Removal Risk Assessment) | Focuses strictly on the risk to life, torture, or cruel and unusual punishment if deported. |
| H&C (Humanitarian & Compassionate) | Focuses on general hardship, establishment in Canada, and the best interests of any involved children. |
How Long Does the Process Take?
The timeline for age-related and medical defences is notoriously lengthy. 🕑 A PRRA decision typically takes between 6 to 12 months, during which the deportation is legally paused. An H&C application, however, can take anywhere from 18 to 36 months for a final decision. It is critical to understand that simply filing an H&C application does not automatically stop the CBSA from deporting your parent; only a PRRA or a Federal Court order provides a statutory stay of removal.
Frequently Asked Questions (FAQ)
Can elderly asylum seekers access healthcare in Canada?
Yes, while their claim or PRRA is pending, they generally remain covered by the Interim Federal Health Program (IFHP), which covers basic medical services, emergency care, and necessary prescription medications.
Will the CBSA actually detain an elderly person?
While the CBSA prioritizes alternatives to detention, they can legally detain seniors if they are deemed a severe flight risk or a danger to the public. However, age and poor health heavily weigh in favour of release on strict conditions.
Does dementia count as a valid defence against deportation?
Severe cognitive decline like dementia is a powerful factor in an H&C application. If the senior cannot care for themselves and has no support network in their home country, a lawyer will argue that deportation equates to cruel and unusual punishment.
What happens if the home country refuses to issue a passport?
If the elderly person’s home country refuses to issue travel documents, the CBSA cannot physically execute the deportation. The individual will remain in Canada on a removal order until documents can be secured, which sometimes takes years.
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