Transcript Document

FCJ Hamilton House Refugee Project
Making a Refugee Protection Claim
in Canada

People in need of protection can make a
refugee protection claim in Canada:
At any air or sea Port of Entry
Inland
 At any Canadian port of entry or after
entry into Canada, the refugee protection
claim starts before the Ministry of
Citizenship and Immigration Canada
(CIC)
Initiation cont’d
Seek help from a community
organization working with refugees
 Apply for Legal Aid
 Seek legal representation as early as
possible in the process

Determination of Eligibility
A person is not eligible to make a refugee
protection claim in Canada if they:
 Are recognized as a Convention refugee
by another country
 Have made a previous refugee claim in
Canada (even if they have withdrawn or
abandoned their previous claim)
Eligibility cont’d
Are considered a security risk, a serious
criminal, a person involved in organized
crime, or a person involved in violations
of human rights
 Enter at a land border (for exceptions
see next slide)


Conditional Removal Order
Eligibility cont’d
Safe Third Country Agreement:
The safe third country agreement prevents
you from making a claim at the USCanadian land border, unless you meet
at least one of the following criteria:
Eligibility cont’d

you have a relative in Canada who is:
a Canadian citizen,
a permanent resident,
a protected person,
accepted in principle on humanitarian
and compassionate grounds,
18 years of age or over and a refugee
claimant or on a work or study permit.
Eligibility cont’d

You are under 18 and unmarried, not travelling
with your parent or legal guardian, and neither
your mother, father, nor legal guardian is in
Canada or the US.
 You were charged with or convicted of an
offence punishable with the death penalty in
the country where the charge or conviction
was made (although this may make you
ineligible on grounds of criminality. )
 You have a visa to enter Canada other than a
transit visa
Eligibility cont’d

You are from a country to which Canada
has temporarily suspended removals (as
of 02/28/05, Afghanistan, Burundi,
Democratic Republic of Congo, Haiti,
Iraq, Liberia, Maldives, Rwanda, Sri
Lanka, Zimbabwe),
Eligibility cont’d

You are from a country that Canada
does not require that you have a visa but
the US does (as of 02/28/05, Antigua
and Barbuda, Barbados, Botswana,
Cyprus, Greece, Malta, Mexico, Namibia,
Papua New Guinea, Republic of (South)
Korea, St. Kitts and Nevis, St. Lucia, St.
Vincent, Solomon Islands, Swaziland,
Western Samoa).
A Person in need of Protection
A person who is in need of protection
according to the Refugee Convention
definition is a person who has a:

Well-founded fear of persecution based
on race, religion, nationality, membership
in a particular social group, or political
opinion
Definition cont’d

Faces torture if he/she is returned to
their country of origin (Convention
Against Torture)

Would be subject to cruel and unusual
treatment or punishment
Personal Information Form (PIF)

28 days to submit the PIF
 If PIF is not submitted, the case is declared
abandoned.
 Questions are about identity, family, work
history, military service and other aspects of
personal life, including citizenship and
immigration matters.
 The IRB will use the PIF to make a decision on
a claim at the refugee protection hearing.
PIF cont’d
Submit 3 copies of the PIF, making sure
to keep one copy for yourself.
 After the PIF is submitted, do the
medicals and then apply for a work
permit. Once you receive a work permit
you may apply for a Social Insurance
Number (SIN).

Immigration and Refugee Board
The Immigration and Refugee Board (IRB)
is an independent, quasi-judicial,
specialized tribunal composed of
members appointed by the government.
The IRB hears and makes decisions on
claims for refugee protection and on
some immigration matters.
The Refugee Protection Hearing

Keep the IRB and CIC informed about
changes of address
 Most of the hearings are scheduled for half a
day (could be shorter or longer).
 Participants at the hearing:
Member of the IRB, Refugee Protection Officer
(RPO), Interpreter, Counsel for the Refugee
Applicant, Claimant and Family members,
Minister’s representative (if CIC requests).
Hearing cont’d
Documentation about the case must be
submitted 20 days before the hearing.
 A useful source of information is the
Documentation Centre of the IRB.
 The decision may be given at the end of
the hearing or be sent later by mail. All
cases will receive a Notice of Decision.
 If claim is rejected, Notice of Decision
will include written reasons for decision.

IRB Positive Decision
If a claim is accepted, he/she is granted
protected person status in Canada.
 Apply for Landing (Permanent
Residence) within 180 days.
 Apply for Canadian Citizenship approx. 3
years later.

IRB Negative Decision
A refused claim does not have the right
to appeal
 One may apply to the Federal Court of
Canada for a judicial review of the IRB
decision.

Judicial Review


Within 15 days of a negative Notice of
Decision, one can apply for Judicial Review
The Judicial Review has 2 stages:
1. Apply for “Leave to Appeal” (permission)
30 days to make written submissions to
complete the application
Need a lawyer to submit the
Memorandum of Argument
Judicial Review cont’d
2. If granted “Leave”, the lawyer makes
oral submissions before a Judge.
 If the judgment is positive, go before
IRB for another hearing
 If negative, apply for the PRRA
Pre-Removal Risk Assessment
(PRRA)

Decision made by Immigration Officers using
the same definition used by IRB to determine if
a person is in need of protection.
 The PRRA process starts when CIC informs
the person that they are ready to remove them
from Canada. (PRRA application will be
attached)
 15 days to apply for the risk assessment, and
a further 15 days to make written submissions
(must be new evidence since hearing).
PRRA cont’d
One could apply for PRRA if one:
 Were refused by the IRB – for the first
time.
 Had made a refugee claim in Canada
before and has been out of the country
for 6 months.
 Were refused refugee protection
because of the exclusion clauses
PRRA cont’d
If one is successful under the PRRA, it
does not mean that in all cases they will
be eligible for Permanent Residency
status.
No serious criminal, no one with national
security issues can apply for permanent
resident status.
Humanitarian & Compassionate
Grounds (H&C)
This is not part of the refugee protection
process. It is a parallel procedure.
 One can make an H&C application at
any point during the refugee protection
process.
 Processing fee is $550.00
 H&C does not prevent deportation.

Removal Procedures for Rejected
Refugee Claimants

Voluntary departure from Canada. He/she
receives a notice telling them that they must
leave Canada within 30 days.
 To be removed from Canada by the Canadian
government (CIC):
If entered through U.S., will be removed to
U.S.z
If entered at airport or made an inland
claim, will be removed to country of origin.