A Convention Refugee residing in Canada, you may be eligible to submit a refugee claim. The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) will assess your claim and make a decision on whether to grant you refugee status. It is important to provide supporting evidence and testify as a refugee claimant during your hearing.
Refugee Protection in Canada
- If you’re a refugee facing persecution or danger outside Canada, you may seek asylum and refugee protection within the country.
- Eligibility for asylum in Canada is based on facing risks or dangers upon returning to your home country or the country of your usual residence.
- Dangers include torture, risk to life, or cruel and unusual treatment or punishment.
Classification of Refugees in Canada
- The Immigration and Refugee Board of Canada (IRB) decides on asylum claims, categorizing refugees as ‘CONVENTION REFUGEES‘ or ‘PERSONS IN NEED OF PROTECTION.’
- ‘CONVENTION REFUGEES‘ cannot return due to persecution based on
– race,
– religion,
– political opinion,
– nationality, or
– membership in a particular social group (for e.g. sexual orientation).
– ‘PERSONS IN NEED OF PROTECTION‘ are unable to return to their home country due to:
– risks of torture,
– risk to life, or
– risk of cruel and unusual treatment or punishment.
Making a Refugee Claim in Canada
To be eligible to make a refugee claim in Canada:
- You must currently be in Canada.
- You cannot be subject to a removal order, meaning there should be no legal directive for your deportation.
- If you’re a refugee located outside Canada, you might still have options. You can apply to resettle in Canada as a refugee or immigrate through various Canadian immigration programs like Express Entry or Provincial Nominee Programs.
- Your refugee claim needs to meet specific eligibility criteria for it to be referred to the Immigration and Refugee Board (IRB), which has the authority to approve or reject your claim.
- However, your refugee claim might be ineligible for referral to the IRB if:
– Another country has already recognized you as a Convention refugee, and you can safely return there.
– You’ve been granted protected person status in Canada previously.
– You arrived in Canada through the Canada–United States border.
– You’ve already made a refugee claim in another country, and this has been confirmed through information-sharing agreements.
– You’re considered inadmissible to Canada due to security concerns, involvement in criminal activities, or human rights violations.
– You’ve previously made a refugee claim in Canada that was found to be ineligible or rejected by the IRB.
– You’ve abandoned or withdrawn a previous refugee claim in Canada.
Making a Refugee Claim at the Canadian Border
- Refugee claims can be made at Canadian ports of entry or from within Canada.
- Procedures at the border include completing application forms and providing necessary documentation.
- Eligible claims result in referral to the IRB for further processing.
If your refugee claim is deemed eligible by the border services officer
The boarder services officer shall provide you the following documents –
- A Refugee Protection Claimant Document, facilitating access to services like the Interim Federal Health Program in Canada.
- A confirmation of referral letter indicating that your claim has been forwarded to the IRB for further processing.
- A Basis of Claim form, which you must complete within 15 calendar days.
- Instructions for completing your medical examination.
If instructed by the officer to return to the Port of Entry or an Inland Office for an interview
You will be provided the following documents –
- An information pamphlet providing details about the asylum process and your rights.
- An acknowledgement of claim letter, which grants access to services like the Interim Federal Health Program in Canada.
- Instructions for completing your medical examination.
If asked to apply for refugee status online, you’ll need the application number and interview location provided in your acknowledgment letter.
Making a Refugee Claim Online from Within Canada
- Online submission requires creating an account on the Canadian Refugee Protection Portal and uploading necessary documents.
- Required documents include the Basis of Claim form, travel/ID documents, and optionally, additional supporting documents.
Documents Required for Online Refugee Claims
- Basis of Claim form.
- Copy of your travel or identification document – like passport, travel document, Identity card, Birth Certificate, Marriage certificate for relationship proof, Membership Card of affiliated organization.
- Use of a Representative form, if applicable.
- Declaration – Authorization form if a representative submits the claim on your behalf – for Canadian Refugee Protection Portal Form.
- You can also upload optional documents to strengthen your claim, such as:
- Identity documents for your family.
- Proof of entry into Canada.
- Evidence of political or group memberships.
- Police or medical reports.
- Business records or criminal conviction records.
- Documentation supporting experiences of ill treatment or persecution.
- News articles or human rights reports on conditions in your home country.
Outcomes After Making a Claim
After submitting your refugee claim at a Canadian port of entry, there are several possible outcomes:
- Border Services Officer Deems Your Claim Eligible
- If your claim is considered eligible, you’ll receive a notice from the IRB about a hearing.
– You must complete a medical exam and attend the hearing with the IRB.
- Officer Schedules You for an Interview
– If an interview is scheduled, you must also complete a medical exam and attend the interview as instructed.
- Officer Directs You to Complete Your Claim Online
– If told to submit your claim online, you’ll need to complete the process, including a medical exam and attending an interview.
– You’ll require the application number from your acknowledgement of claim letter and information about the interview location.
- Officer Determines Your Claim Is Not Eligible
– If your claim is deemed ineligible, it will not be referred to the IRB, and an enforceable removal order to leave Canada shall be issued.
After submitting your refugee claim online
- After submitting your refugee claim online, IRCC reviews it.
- If complete, IRCC adds it to their system.
- You receive an acknowledgment letter which can also help you to register under interim, medical exam instructions, and details for an in-person appointment.
- If incomplete, IRCC notifies you of the required additions.
Refugee Claim Assessment Process
At Your In-Person Appointment
-
- Bring original ID.
- IRCC reviews application, collects biometrics, and may conduct an eligibility interview.
- Receive documents outlining next steps or schedule for an interview.
At Your In-Person Appointment
-
- IRCC assesses claim eligibility
- If eligible, claim referred to IRB.
- Receive Refugee Protection Claimant Document and confirmation of referral letter.
- Documents provide access to services like Interim Federal Health Program.
If Your Refugee Claim is Found Eligible by IRCC- IRCC refers you to the IRB and schedules a hearing.
- You receive a notice detailing the hearing location, time, and date.
- Following the hearing, the IRB approves or denies your claim.
- Approval grants you “protected person” status, allowing you to stay in Canada and apply for permanent residency.
- Apply for pre-removal risk assessment,
- Appealing to the Refugee Appeal Division,
- Seeking a judicial review from the Federal Court of Canada, or
- Applying for residency on humanitarian or compassionate grounds.
If Your Refugee Claim is Found Ineligible by IRCC- Your claim is not referred to the IRB.
- You’re issued an enforceable removal order to leave Canada.
FAQs
Would I have free healthcare during my refugee claim processing?
Yes, through the Interim Federal Health Program (IFHP), you can access limited free healthcare services.
How long does IFHP coverage last?
Until certain conditions are met, such as loss of eligibility or obtaining provincial coverage.
Can I use IFHP coverage for immigration medical exams?
Yes, it covers the cost of one Immigration Medical Exam for eligible claimants.
How can I become eligible to file a refugee claim in Canada?
Show a well-founded fear of persecution, torture, or cruel treatment in your home country.
What happens during a refugee hearing at the RPD?
You present your case and provide additional evidence.
Can I appeal if my refugee claim is rejected?
Yes, you can appeal to the Refugee Appeal Division (RAD).
What are my options if my refugee claim is denied in Canada?
You can:
- Appeal to the RAD
- Request a judicial review
- Apply for permanent residence on humanitarian grounds
- Apply for a PRRA if facing deportation.
Can I work in Canada if my refugee claim is denied?
Work permits may be available while awaiting a decision, but generally cease post-negative outcome.
Are there organizations providing legal aid to refugees in Canada?
Yes, many organizations offer assistance to navigate complex immigration processes.
Can I travel outside Canada while my claim is pending?
It's complex; obtain proper authorization to avoid affecting your claim.
What is the Safe Third Country Agreement?
It's a pact between Canada and the US governing refugee claims, requiring individuals to seek asylum in the first safe country they reach.
Can I appeal if denied at the border?
Options like judicial review in Federal Court might be available.
What steps can I take if both my PRRA and refugee claim are rejected, and the CBSA is requesting that I leave Canada?
You can request a deferral, initiate a judicial review, or file a stay motion.
Can a Judicial Review be initiated after both the PRRA and refugee claim have been rejected?
Yes, it can be pursued at the Federal Court to challenge the PRRA and refugee claim rejections.
What is the typical duration of a refugee hearing?
Around one and a half to two hours, though it varies based on complexity.
What happens after the hearing at the RPD?
The Board Member may provide an immediate oral judgment or a written decision later.
Who may be present to ask additional questions during the hearing?
A representative from Immigration, Refugee and Citizenship Canada (IRCC) may join the Board Member.
Can I appeal if I'm from a Designated Country of Origin (DCO)?
No, but you can consider an H&C application or PRRA.
What's the purpose of a Pre-Removal Risk Assessment (PRRA)?
To present new evidence of danger in your home country, differing from initial claim evidence.
What is the Resettlement Assistance Program (RAP)?
It helps government-assisted refugees with needs like housing, settlement services, and income support for up to a year.
What is the Immigration Loans Program?
It offers loans for immigration-related expenses such as medical exams and travel documents.
What is the purpose of Assistance Loans in Canada?
Assistance Loans help refugees cover settlement expenses like housing and household items.
How are loans from the Immigration Loans Program repaid?
Loans are repaid gradually over time, assisting refugees in managing their finances.
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