Refugee Claims

We represent our clients before Refuge Protection Board, Canadian Border Services Agency, Citizenship and Immigration Canada and Pre-removal Risk Assessment officers. If you are a refugee claimant, you may contact us by Phone, e-mail, fax or through this website.

For basic knowledge of our clients, we are providing an overview of refugee procedure in Canada.

Refugee status is governed by the 1951 Convention and the 1967 Protocol relating to the status of Refugees. Both the 1951 Convention and the 1967 Protocol provide for co-operation between the contracting states and the office of the UN High commissioner for refugees. This cooperation extends to the determination of the refugee status, in accordance with arrangements made by various Contracting States. Actually the pattern of international action on behalf of refugees was established by the League of Nations followed by the adoption of number of international agreements.

In Canada, Immigration and Refugee Protection Act/Regulations provides the definition of refugees and the procedure to be followed by Refugee Protection Division and other authorities in determination of refugee status of a claimant.

The objectives of Immigration and Refugee Protection Act with respect to refugees are;

To recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;
To fulfil Canada’s international legal obligations with respect to refugees and affirm Canada’s commitment to international efforts to provide assistance to those in need of resettlement;
To grant, as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution;
to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;
to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings;
to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members in Canada;
to protect the health and safety of Canadians and to maintain the security of Canadian society; and
to promote international justice and security by denying access to Canadian territory to persons, including refugee claimants, who are security risks or serious criminals.

Refugee protection is conferred on a person when

the person has been determined to be a Convention refugee or a person in similar circumstances under a visa application and becomes a permanent resident under the visa or a temporary resident under a temporary resident permit for protection reasons;
the Board determines the person to be a Convention refugee or a person in need of protection; or
Except in the case of a person described in subsection 112(3), the Minister allows an application for protection.

The Act defines the refugees as Conventional Refugees or a person in need of protection

Convention refugee

A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion.

) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or
not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

Person in need of protection
A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally.

to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
to a risk to their life or to a risk of cruel and unusual treatment or punishment if
- the person is unable or, because of that risk, unwilling to avail themselves of the protection of that country,
- the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
- the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
- the risk is not caused by the inability of that country to provide adequate health or medical care.

Exclusion — Refugee Convention
A person referred to in section E or F of Article 1 of the Refugee Convention is not a Convention refugee or a person in need of protection.
i.e.(E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

F. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:

he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;
he has been guilty of acts contrary to the purposes and principles of the United Nations. )

Claim
A claim for refugee protection may be made in or outside Canada.

Claim outside Canada
(2) A claim for refugee protection made by a person outside Canada must be made by making an application for a visa as a Convention refugee or a person in similar circumstances, and is governed by Part 1.

Claim inside Canada
(3) A claim for refugee protection made by a person inside Canada must be made to an officer, may not be made by a person who is subject to a removal order, and is governed by this Part.

Referral to Refugee Protection Division
An officer shall, within three working days after receipt of a claim made inside Canada, determine whether the claim is eligible to be referred to the Refugee Protection Division and, if it is eligible, shall refer the claim in accordance with the rules of the Board.

Decision
The officer shall suspend consideration of the eligibility of the person’s claim if

a report has been referred for a determination, at an admissibility hearing, of whether the person is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or
the officer considers it necessary to wait for a decision of a court with respect to a claimant who is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.

Consideration of claim
The Refugee Protection Division may not consider a claim until it is referred by the officer. If the claim is not referred within the three-day period as mentioned above, it is deemed to be referred, unless there is a suspension or it is determined to be ineligible.

Duty of claimant
(4) The burden of proving that a claim is eligible to be referred to the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them. If the claim is referred, the claimant must produce all documents and information as required by the rules of the Board.

Quarantine Act
(5) If a traveller is detained or isolated under the Quarantine Act, the period of 3 days does not begin to run until the day on which the detention or isolation ends.

Ineligibility
A claim is ineligible to be referred to the Refugee Protection Division if

refugee protection has been conferred on the claimant under this Act;
a claim for refugee protection by the claimant has been rejected by the Board;
a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;
the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;
the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or
the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association

Serious criminality
A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless

in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years and for which a sentence of at least two years was imposed; or
in the case of inadmissibility by reason of a conviction outside Canada, the Minister is of the opinion that the person is a danger to the public in Canada and the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years.

PERSONAL INFORMATION FORM (PIF)
If a CIC/CBSA officer determines that Claimant is eligible to make a refugee claim, he/she will be given a PIF form and told to complete it and to submit within 28 days. Claimant must submit the PIF within 28 days of when they receive it, or they will automatically have an abandonment hearing at the IRB, unless the counsel has applied in writing to the IRB for an extension of time, before the 28 days has expired, and the request has been granted. In practice, extensions, if granted, will only be for maximum 5 working days.

CLAIM AT PORT OF ENTRY (POE):
If a refugee claimant arrives at airport or border crossing or seaport, he/she only has to know one word in English, “refugee” and to say it to an officer (presumably a CBSA officer). Claimant may be interviewed on spot by an officer with an interpreter. He/She may be placed in detention until an officer and a interpreter is available. Some times if Claimants have ID’s and prove his/her identity then he/she may be allowed to enter Canada with a date to come back for interview

CLAIMS INSIDE CANADA
Claimant has to go to CIC office which deals with such claims. He will be given an appointment to come back in a few days (but this varies) for the interview. Claimant may be in-status, overstay, or illegal, it does not matter. He/she has a right to ask for refugee status as long as he/she is not a citizen, and is not ineligible for any of the reasons mentioned above.

At the interview, whether POE or inland, Claimant will be fingerprinted, photographed, requires to complete and sign the 2 mandatory forms (if not done already), and often will be asked detailed questions. Claimants original identity documents will be copied and often seized (passports are always seized, and sometimes national identity cards, birth or marriage certificates, flight tickets, letters or other documents). If Claimant is eligible, the officer refers the case to the IRB and the Refugee Protection Division (RPD) takes over. Copies of the completed forms, identity documents, statements by claimant, officer’s notes, etc. will be sent to the IRB.
Note that Claimant must start the refugee process with CIC/CBSA and be interviewed. Claimant cannot bypass CIC/CBSA and go directly to the RPD.

REFUGEE CLAIMS FROM OUTSIDE CANADA
There are four ways a person outside Canada can be legally admitted to Canada as a “Convention refugee abroad”, a member of the “country of asylum class” or a member of the “source country class”:

Referral by an organization or government
Application without a referral, by the claimant directly to the Canadian visa office serving the claimant’s country of residence (currently only applies to the 6 Canadian visa offices for the 6 listed countries of the Source Country Class)
Private sponsorship by a Sponsorship Agreement Holder (SAH). SAH’s are charitable/religious sponsorship groups approved by the Minister of Immigration.
Private sponsorship from Canada by Group of Five Canadian citizens or permanent residents or a corporation

PRE-REMOVAL RISK ASSESSMENT
It is a risk assessment process provided to persons who are subjected to removal orders.( last chance)

Who can apply:

Persons who have not yet been removed from Canada whose claim for protection has been denied, abandoned, or withdrawn
Person who are making a second claim for protection who have departed Canada for more than six months
Persons who are ineligible to make a refugee claim
Persons who are removable from Canada and who wish to apply for protection before removal but have not made a refugee claim previously
Persons who have made PRRA applications before and have not been removed from Canada

Please note that the above mentioned content is just an overview of the procedure for refugee claims, for detailed information or question; please contact us by an e-mail.