Refugees Claims & Determination

Refugee Claim Process

Certain clauses are associated with claims for refugee status. Refugee claimants passing through or coming from USA are not eligible are not eligible for border crossing refugee claims as per the Canada. However, decisions made for eligibility are comparatively quicker at border crossing before CIC immigration officials. A claimant is ineligible if:

i. The claimant has already been accepted as a refugee of another country

ii. The claimant has been refused a refugee claim previously

iii. The claimant has been convicted for serious criminality, been an issue of security, part of organized crimes or has violated international human rights

iv. The claimant applies through countries designated by Canada as “safe-third-country”

Refugee Status Determination

The claims must be made at port-of-entry or the inland CIC Canada Immigration Centre Office. The CIC officer responsible decides whether the refugee protection claimant’s eligibility and once determined eligible, they are referred to the Immigration and Refugee Board (IRB).

At the board, an independent tribunal comprising of Refugee Protection Division members conduct proceedings of individual cases. The hearing that take place before the tribunal decides whether the individual or group is in need for protection or a convention refugee. The claimant must apply to IRB through Personal Information Form (PIF). The hearing is scheduled within 12 months or later after reviewing the PIF by the IRB. If determined genuine, the claimant is declared protected and is permitted to proceed to Permanent Residence application.

The claimant can request for a judicial review from the Federal Court of Canada if refused by the Immigration and Refugee Board. The removal from Canada is probable once refused by the IRB however, the claimant can still request for a Pre-Removal Risk Assessment (PRRA). This is the last resort of the claimant designated to be removed to re-seek protection through a written document explaining in detail the consequences that may be faced by the claimant if not permitted to stay back in Canada.

There are lot of complications and steps to ensure clearance of refugee status hence, it is recommended to take legal advice all through the process. Our advisors and immigration lawyers help you put forth a strong case and sail through the application and assure guaranteed success.