Refugee Claims
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Refugee Claims/Appeal
Canada is committed to the principle of not returning a refugee to the country of origin under the principle of non-refoulement being a signee of UN refugee treaties and agreements. Hence, once you claim refugee in Canada, you are allowed to remain until a decision is reached.
People who arrive in Canada can apply for refugee status at land border, airport, or immigration office inside Canada. For those who file for a claim at the airport or border, they will be interviewed on the spot and given 30 days to submit the details of their claim. However, the inland applicants are at liberty to initiate but must explain later to the Refugee Protection Division (RPD) member if there were any significant delays.
In Canada, anyone who fears persecution or is at risk of serious harm in their home country can apply for refugee status. There are two kinds of refugees that are offered protection
- Convention Refugee: A person who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. This definition aligns with the 1951 United Nations Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees.
- Person in Need of Protection: A person in Canada who would face a risk of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if they were to return to their home country. This category extends beyond the Convention Refugee definition and covers broader grounds of potential harm under 1984 Convention Against Torture and other Cruel, Inhuman or Degrading treatment or Punishment and, 1966 International Covenant on Civil and Political Rights.
The claimants will be given interim work authorization to support themselves while waiting to be heard at the Refugee Protection Division. At the hearing, the burden of proof lies with the claimant, i.e. any documentary evidence that they managed to gather which could corroborate with their story. The RPD understands that claimants who flee persecution might have little to no documentation with them and thus, allows the claimant the benefit of the doubt.
Once a positive decision is reached by the RPD member, the claimant will either be given status of a Convention Refugee or a Protected Person.
For negative decisions, the claimant has the right to appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the decision from RPD in writing.
Note: An immigration appeal can be complex. While you can represent yourself, you may wish to hire an authorized counsel who should be a member of CICC with IRB license or a lawyer.
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How long does it take to process a refugee claim in Canada?
The processing time for refugee claims can vary depending on individual circumstances and the complexity of the case. Generally, it takes several months for a decision to be made by the Refugee Protection Division (RPD). It's important to provide complete and accurate information to avoid delays.
What kind of documentation is required to support a refugee claim?
While it's understood that many refugees may not have extensive documentation, it's helpful to provide any available evidence to support your claim. This could include identification documents, proof of persecution (such as police reports, medical records, or affidavits), and any other relevant materials that can corroborate your story.
Can I work in Canada while my refugee claim is being processed?
Yes, refugee claimants are typically eligible for an interim work permit, allowing them to work and support themselves while their claim is being processed. This work permit is usually granted once you have undergone the initial stages of the refugee claim process.
What rights do refugee claimants have in Canada?
Refugee claimants in Canada have certain rights, including the right to legal representation, access to healthcare, and protection from deportation while their claim is being processed.
What happens if my refugee claim is accepted?
If your refugee claim is accepted, you will be granted refugee status in Canada, allowing you to stay in the country and access certain rights and benefits, such as the ability to work and access healthcare. You are also eligible to submit an application for permanent residency.
What happens if my refugee claim is denied?
If your refugee claim is denied by the Refugee Protection Division (RPD), you have the right to appeal the decision to the Refugee Appeal Division (RAD) within 15 days of receiving the written decision. If the appeal is also denied, you may consider seeking judicial review by the Federal Court.
Can I include my family members in my refugee claim?
Yes, you can include your immediate family members (spouse and dependent children) in your refugee claim. If your claim is accepted, your family members included in the claim will also be granted protection. It's important to provide details and documentation for each family member included in the claim.
Can I apply for refugee status if I am already in Canada on a different visa?
Yes, you can apply for refugee status while you are in Canada on a different visa (e.g., student visa, work permit, visitor visa). However, you must demonstrate a genuine fear of persecution or risk of serious harm in your home country to qualify for refugee protection.
What support services are available for refugee claimants in Canada?
Various support services are available for refugee claimants in Canada, including legal aid, settlement services, language training, housing assistance, and access to healthcare. Many non-profit organizations and community groups offer additional support to help refugees integrate into Canadian society.
What if I get married to a Canadian Citizen or Permanent Resident while my refugee claim is in process?
You are eligible to apply for your permanent residence under Spousal/Common Law Sponsorship even if you refugee claim is in process.
My refugee claim was declared abandoned, can I get the case reopened?
The RPD can decide at a special hearing that a refugee claimant has “abandoned” their claim. This means that the claimant loses the right to make their claim. This could happen if a claimant does not follow all the rules about making a refugee claim. For example, they don’t file their Basis of Claim Form on time, don’t show up for a hearing, or don’t reply when the RPD asks them to.
Can I apply for refugee status from outside Canada?
Yes, it is possible to apply for refugee status from outside Canada through the Government of Canada's Refugee and Humanitarian Resettlement Program. This program allows individuals who are outside their home country and in need of protection to apply for resettlement in Canada.