Canada’s Refugee Protection Claim Process: From Application to Decision
Canada’s refugee protection system offers safety to individuals who face persecution or serious harm in their home countries. Making a refugee claim, however, is a complex legal process with strict requirements and important deadlines. This blog provides an overview of how the refugee protection claim process works.
Who May be Granted Refugee Protection in Canada?
You may be granted refugee protection in Canada if you qualify as a Convention refugee or as a person in need of protection.
A Convention refugee is someone who has a well-founded fear of persecution in their home country for one or more of the following reasons: their race, religion, nationality, political opinion or membership in a particular social group.
A person in need of protection is someone who would face serious harm if returned to their home country. This may include a risk of torture, risk to life, or cruel and unusual treatment or punishment.
When Can You Seek Refugee Protection?
A refugee claim may be made immediately upon arrival at a Canadian port of entry, such as an airport, land border, or seaport. If the claim is made after entry into Canada, the claimant must complete an online application through Immigration, Refugees and Citizenship Canada’s (IRCC) portal and attend an appointment at an IRCC office.
What Is the Basis of Claim Form?
The Basis of Claim Form is a key document in the refugee protection claim process. It sets out your personal information and provides detailed reasons why you are seeking protection and cannot return to your home country. The Refugee Protection Division (RPD) of the Immigration and Refugee Board relies on this form in deciding your claim.
When Will Your Refugee Protection Claim Be Heard?
You will receive a Notice to Appear once a date has been scheduled for your refugee claim hearing. If you are represented by legal counsel, the notice will be sent directly to them, and they will provide you with the details. If you do not have counsel, the notice will be sent to you personally. The Notice to Appear will specify the date, time, and location of your hearing along with instructions.
What Happens if Your Claim Is Accepted?
If your refugee claim is accepted, you will be granted protected person status in Canada. The Refugee Protection Division will issue a written Notice of Decision, along with the reasons for the decision, which will be sent to you directly or to your legal counsel.
What Happens if Your Claim Is Rejected?
If your refugee claim is rejected, you may have the right to appeal the decision to the Refugee Appeal Division of the Immigration and Refugee Board within 15 days of receiving the written decision. In cases where no appeal right exists, or if the RAD dismisses the appeal, you may seek a judicial review of the decision before the Federal Court of Canada.
If you are considering a refugee protection claim, it is important to seek legal advice as early as possible. We encourage you to contact our office today to review your circumstances, understand your options, and receive guidance on the next steps.