Refugee Claims in Canada
Refugee claim in Canada refers to the process by which individuals who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution, can seek protection in Canada. The persecution must be based on reasons of race, religion, nationality, membership in a particular social group, or political opinion.
Here’s a brief overview of the refugee claim process in Canada:
A person can make a refugee claim either at an official port of entry upon arrival in Canada or from within Canada at an Immigration, Refugees and Citizenship Canada (IRCC) office.
After making a claim, the individual will have an eligibility interview with an IRCC official. This interview determines whether the claim will be referred to the Immigration and Refugee Board of Canada (IRB) for a hearing. Some claims might be found ineligible, for instance, if the claimant has already been granted refugee protection in another country.
If the claim is eligible, it will be referred to the Refugee Protection Division (RPD) of the IRB. The RPD is an independent administrative tribunal that makes decisions on immigration and refugee matters.
The claimant will have a hearing at the RPD where they present their case. They can have legal representation, and the hearing will determine whether the individual is a Convention refugee or a person in need of protection.
After the hearing, the RPD will make a decision. If the claim is accepted, the individual is granted protected person status and can apply for permanent residence. If the claim is denied, the individual may have the right to appeal, depending on the reasons for the denial.
If the claim is denied, in many cases, there’s an option to appeal to the Refugee Appeal Division (RAD) of the IRB. If the appeal is unsuccessful, there might be further options, such as a judicial review by the Federal Court.
It’s worth noting that Canada also has a program for privately sponsored refugees, where organizations or groups of individuals can sponsor refugees to come to Canada.
The refugee claim process can be complex, and claimants often seek legal advice to navigate it. The process and policies might also evolve over time, so it’s always a good idea to refer to the official IRCC website or consult with an immigration lawyer for the most up-to-date information.