Conflict, violence, persecution, human right violation, religious and political oppression has forced people to flee their homes and countries and become displaced globally.
Canada cemented its obligation to establish a refugee status determination system by ratifying the 1951 International convention and its related 1967 protocol. This convention and protocol provide a framework for refugee determination system in Canada.
As much as Canada respects its international obligation towards people who genuinely need help and protection, strict adherence to laws and regulations are in place to ensure the protection of the safety, security and health of Canadians.
Framework for refugee determination system in Canada
Canada Refugee Determination System
Claiming refugee or seeking asylum in Canada?
Displaced persons abroad may seek asylum in Canada through the United Nations High Commission for Refugees (UNHCR) resettlement program. In-Canada asylum seekers apply for refugee status when they arrive spontaneously at Canadian ports and boarders without prior approval.
The refugee claimant will initiate a claim with the Canadian Boarder Service Agency (CBSA) at the port of entry or at any Immigration Refugee and Citizenship Canada (IRCC) inland office by:
1) Applying for a refugee status in writing or orally at an inland office (IRCC) or port of entry (CBSA)
2) Undergoing examination by an officer for identity, eligibility, admissibility and security check
3) Attend a scheduled eligibility interview to see if the claim can be referred to RPD for a hearing. If your claim is deemed eligible, your claim will be referred to the RPD, and the officer will schedule you for medical exams.
4) If your claim was made at the port of entry, you are provided the Basis of Claim (BOC) form to complete and submit directly to RPD within 15 days. However, if your claim was made at an IRCC inland office, you will complete and submit the BOC form to the officer with will submit to RPD.
While awaiting the RPD hearing, claimant can apply for authorization to work, school, social assistance or any other basic resources they are eligible to access.
B. Refugee Determination Phase (RPD)
If a claim gets a positive eligibility decision, the claimant is referred to Refugee Protection Division (RPD) for review of the submitted BOC and an inquisitorial hearing to determine the validity of the claim.
C. Post-Determination Phase (CBSA, Federal Court, IRCC, & RAD)
The outcome of this phase is dependent on the decision reached at the determination phase. If the refugee claim is accepted, the claimant is granted a convention refugee or person in need of protection status, and they can apply for permanent residence for themselves and dependent family members.
If the claim is rejected, the refugee claimant is neither a convention refugee or a person in need of protection, and the claimant must voluntarily leave Canada within 30 days, before the conditional removal order may be enforced. An unsuccessful refugee claimant may explore options such as:
1) Appeal the Refugee Protection Division (RPD) determination to Refugee Appeal Division (RAD)
2) Applying for Judicial Review at the federal court
3) Applying to Immigration Refugee and Citizen Canada (IRCC) for Pre-Removal Risk Assessment (PRRA)
REFUGEES
Conflict, violence, persecution, human right violation, religious and political oppression has forced people to flee their homes and countries and become displaced globally.
Canada cemented its obligation to establish a refugee status determination system by ratifying the 1951 International convention and its related 1967 protocol. This convention and protocol provide a framework for refugee determination system in Canada.
As much as Canada respects its international obligation towards people who genuinely need help and protection, strict adherence to laws and regulations are in place to ensure the protection of the safety, security and health of Canadians.
Framework for refugee determination system in Canada
Canada Refugee Determination System
Claiming refugee or seeking asylum in Canada?
Displaced persons abroad may seek asylum in Canada through the United Nations High Commission for Refugees (UNHCR) resettlement program. In-Canada asylum seekers apply for refugee status when they arrive spontaneously at Canadian ports and boarders without prior approval.
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In-Canada Asylum System Process
In-Canada Refugee Claim Processing:
A. Front-End Phase (CBSA & IRCC)
The refugee claimant will initiate a claim with the Canadian Boarder Service Agency (CBSA) at the port of entry or at any Immigration Refugee and Citizenship Canada (IRCC) inland office by:
While awaiting the RPD hearing, claimant can apply for authorization to work, school, social assistance or any other basic resources they are eligible to access.
B. Refugee Determination Phase (RPD)
If a claim gets a positive eligibility decision, the claimant is referred to Refugee Protection Division (RPD) for review of the submitted BOC and an inquisitorial hearing to determine the validity of the claim.
C. Post-Determination Phase (CBSA, Federal Court, IRCC, & RAD)
The outcome of this phase is dependent on the decision reached at the determination phase. If the refugee claim is accepted, the claimant is granted a convention refugee or person in need of protection status, and they can apply for permanent residence for themselves and dependent family members.
If the claim is rejected, the refugee claimant is neither a convention refugee or a person in need of protection, and the claimant must voluntarily leave Canada within 30 days, before the conditional removal order may be enforced. An unsuccessful refugee claimant may explore options such as: