Refugee Status in Canada
Who is entitled to get refugee status in Canada? To be considered for refugee status you have to meet the definition of:
- a Convention refugee; or
- a person in need of protection
Convention Refugee
People who cannot go back to their home countries or to the places where they usually reside due to
- race;
- religion;
- political opinion;
- nationality;
- membership in specific social or political groups;
- sexual orientation.
Person in need of protection
This status is given to people who cannot return to their home countries because they might face:
- a danger of torture;
- a risk to their life;
- a risk of unusual treatment.
You can claim for refugee status at a Canadian border or from within Canada.
Port of Entry
You can make a claim to the Canada Border Services Agency (CBSA) upon your arrival: at the airport or at the office at a border crossing. Canada Border Services Agency will interview you. Then you will be asked to fill in the a Basis of Claim form and other immigration forms. You should file those forms within 15 days.
Inland Process
In order to get refugee status from inside Canada, you can make a refugee claim at designated Immigration, Refugees and Citizenship Canada (IRCC) offices. If the IRCC officer approves your eligibility for making a claim, you will be given a date for your IRB hearing and the Notice to Appear for a Hearing.
The Decision Making Process
If CBSA or CIC decides that you are eligible to make a refugee claim, you will have the hearing in front of a board members. It is strongly advisable that you have a lawyer to represent you. The date will be set up:
- within 30 days if you are from a designated country of origin;
- within 45 days if Port of Entry;
- within 60 days if you are from any other country.
The Claim is accepted
The hearing will be held at the Refugee Protection Division of the Immigration and Refugee Board (IRB). If you claim is accepted, you can apply for permanent resident status.
The Claim is denied
If your claim is denied but you are considered eligible to appeal, you should apply to the Refugee Appeal Division (RAD) of the IRB within 15 days. If your claim is denied and you are considered not eligible to appeal (or RAD denied your appeal), your next steps are going to be:
- Apply for a judicial review to the Federal Court and a stay of removal within 15 days.
- Apply for a Pre-Removal Risk Assessment (PRRA)
– An applicant should wait about 12 months after the date his or her refugee claim was denied;
– An applicant has to wait for the decision within 36 months if he or she is from a designated country of origin. - Apply to stay in Canada for humanitarian and compassionate (H&C) reasons, if eligible.
