Refugee Claims

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.