Refugee Claim

Overview

Canada is a signatory to the 1951 Refugee Convention and offers protection to individuals who have a well-founded fear of persecution in their home country. An inland refugee claim is made by individuals who are already present in Canada and are seeking protection. This process is governed by the Immigration and Refugee Protection Act (IRPA) and is managed by Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board of Canada (IRB).

How it works

Once a refugee claim is deemed eligible, the claimant will attend a hearing before the Immigration and Refugee Board (IRB), an independent administrative tribunal. The IRB Member will hear testimony from the claimant and review evidence to determine if the claimant is a Convention Refugee or a Person in Need of Protection. If the claim is accepted, the individual may apply for permanent residence in Canada. If the claim is rejected, there may be options to appeal the decision or apply for a Pre-Removal Risk Assessment (PRRA).

Who it's for

This program is for individuals already in Canada who believe they meet the definition of a Convention Refugee or a Person in Need of Protection. This includes individuals who fear persecution based on race, religion, nationality, membership in a particular social group, or political opinion, or who face a risk to their life, a risk of cruel and unusual treatment or punishment, or a danger of torture if they were to return to their home country.

To be eligible to make an inland refugee claim in Canada, you generally must be physically present in Canada. Your claim will be assessed based on whether you meet the definition of a Convention Refugee or a Person in Need of Protection, as defined by Canadian immigration law and international conventions.

• Convention Refugee: You are a Convention Refugee if you have a well-founded fear of persecution based on your race, religion, nationality, membership in a particular social group, or political opinion, and you are outside your home country and unable or unwilling to return.

• Person in Need of Protection: You are a Person in Need of Protection if you would be subjected to a risk to your life, a risk of cruel and unusual treatment or punishment, or a danger of torture if you were to return to your home country.

Ineligibility Factors: Certain factors can make you ineligible to make a refugee claim in Canada. These include:

• Prior Refugee Claim: You have previously made a refugee claim in Canada that was rejected, withdrawn, or found to be abandoned.
• Safe Third Country Agreement: You arrived in Canada from a country with which Canada has a Safe Third Country Agreement (e.g., the United States), unless an exception applies.
• Criminality: You have been found inadmissible to Canada on grounds of serious criminality or security.
• Convention Refugee Status in Another Country: You have been recognized as a Convention Refugee by another country and can return to that country.
• Designated Irregular Arrival: You have been designated as part of an irregular arrival group.

The specific documents required can vary, but generally include:

• Basis of Claim (BOC) Form: This detailed form outlines the reasons for your refugee claim and must be submitted within the specified timeframe.
• Identity Documents: Passports, national identity cards, birth certificates, or any other documents proving your identity and nationality.
• Travel Documents: Airline tickets, boarding passes, and any other documents related to your journey to Canada.
• Evidence Supporting Claim: Any documents, such as letters, reports, photos, videos, or witness statements, that support your fear of persecution or risk of harm.
• Medical Exam: You may be required to undergo an immigration medical examination.
• Other Supporting Documents: Depending on your specific case, you may need to provide police reports, court documents, or documents related to your membership in a particular social group or political affiliation.

The refugee claim process generally involves the following steps:

1. Arrival in Canada and Initial Contact: You must be physically present in Canada to make an inland refugee claim. This can happen at a port of entry or after entering Canada.
2. Eligibility Determination: IRCC or CBSA (Canada Border Services Agency) officers will conduct an initial review to determine if your claim is eligible for referral to the IRB. If ineligible, you will be informed of the reasons.
3. Submitting the Basis of Claim (BOC) Form: If your claim is eligible, you will be given a Basis of Claim form to complete. This form is crucial as it details your reasons for seeking protection and must be submitted within the given deadline.
4. Immigration Medical Examination (IME): You will likely be required to undergo a medical examination by an IRCC-approved panel physician.
5. Refugee Protection Division (RPD) Hearing: Your case will be referred to the IRB's Refugee Protection Division for a hearing. An IRB Member will review your evidence and listen to your testimony.
6. Decision by the IRB: The IRB Member will make a decision on your claim. If accepted, you will be a Protected Person. If rejected, you may have options to appeal to the Refugee Appeal Division (RAD) or apply for a Pre-Removal Risk Assessment (PRRA).
7. Application for Permanent Residence (if successful): If your claim is accepted, you can then apply for permanent residence in Canada. This involves a separate application and processing.

If you are granted refugee protection in Canada, you may be able to sponsor eligible family members to join you. These family members include your spouse or common-law partner, dependent children, and in some circumstances, other relatives. The specific eligibility criteria and application process for family reunification programs will apply. It's important to note that joining family members through family reunification after a successful refugee claim is a separate process with its own requirements and processing times, distinct from the initial refugee claim. Family members who are with you in Canada at the time of your claim can often be included in your claim, provided they are eligible dependants.

Individuals who have made an eligible refugee claim in Canada are generally eligible to apply for an open work permit. This allows them to work for almost any employer in Canada while their refugee claim is being processed. The ability to work helps claimants support themselves and their families during what can be a lengthy process. This open work permit is typically valid until a decision is made on their refugee claim. If the claim is rejected, the work permit may be revoked upon finalization of the negative decision. Obtaining a work permit is a separate application process from the refugee claim itself and usually requires submitting an application to IRCC.

A successful refugee claim leads to becoming a Protected Person in Canada. Protected Persons are eligible to apply for permanent residence. This is the primary pathway to permanent residence for individuals granted refugee protection. The application for permanent residence for Protected Persons is a dedicated stream with specific requirements, including medical and criminality checks. Once permanent residence is granted, individuals can eventually apply for Canadian citizenship, subject to meeting the residency and other eligibility criteria.

Common reasons for refusal of a refugee claim include:

• Lack of Credibility: The IRB Member does not find the claimant's testimony or evidence to be credible or truthful.
• Insufficient Evidence: The claimant fails to provide sufficient evidence to demonstrate a well-founded fear of persecution or risk to their safety.
• Internal Flight Alternative (IFA): The IRB determines that the claimant could have safely relocated to another part of their home country to avoid the risk of persecution.
• Safe Third Country Agreement: The claim is deemed ineligible due to arrival from a safe third country (e.g., the U.S.) without meeting an exception.
• Exclusion Clauses: The claimant is found to be complicit in serious non-political crimes, war crimes, or crimes against humanity.
• Prior Claim/Status: The claimant has previously made a refugee claim in Canada or has Convention Refugee status in another country.