Refugee (Asylum) Claims
What is a refugee claim?
A refugee claim is an application available to foreign nationals in Canada who fear persecution or who would be in danger if they had to return to their home country. A refugee hearing is conducted to determine if you qualify for protection. If successful at your hearing, you will become either a Convention refugee or a protected person and will be permitted to apply for permanent residence in Canada.
Who is a refugee?
Canada has two different categories under which individuals may qualify for refugee protection. The first category is that of Convention refugees. Individuals fall under this category if they are outside their home country or the country they normally live in and cannot return to that country due to a well-founded fear of persecution based on their race, religion, political opinion, nationality or because they are part of a particular social group.
The second category is that of persons in need of protection. Individuals fall under this category if they are in Canada and cannot return to their home country safely because they face danger of torture, risk to their life, or risk of cruel and unusual treatment or punishment.
Who is eligible to make a refugee claim?
You will not be able to make a refugee claim if one of the following applies to you:
are recognized as a Convention refugee by another country that you can return to
were granted protected person status in Canada
arrived via the Canada-US land border and do not qualify under one of the exemptions to enter Canada
are not admissible to Canada on security grounds or because of criminal activity or human rights violations
made a previous refugee claim that was not found eligible in Canada
made a previous refugee claim in the United States
made a previous refugee claim that was rejected by the Refugee Board
abandoned or withdrew a previous refugee claim
How can I make a refugee claim?
There are two ways you can apply for refugee protection. If you are inside Canada, you can apply at an Immigration, Refugees and Citizenship Canada (IRCC) office. You can also make a refuge claim at a port of entry. This includes land borders and airports. It should be noted that in the event that your refugee claim is unsuccessful, your appeal rights will differ if you make a port of entry claim as opposed to an inland claim.
To make a refugee claim, you must complete all the forms in the application package, as well as provide a written account of the reasons you are seeking protection. This is contained in a form called the “Basis of Claim.” It is important that your written reasons are complete, truthful and accurate, as any later additions may affect your credibility as a refugee claimant. Once your forms are handed in at IRCC office, an eligibility interview will be scheduled to determine if you can proceed to a refugee hearing.
If your refugee claim is initiated at a port of entry, you will be interviewed by a Canada Border Services Agent (CBSA) and the refugee package will be given to you for completion at that time. If the officer determines you are eligible to make a refugee claim, you will have 15 days to submit your “Basis of Claim” form.
In both instances you will be notified in writing of your refugee hearing date.
How do I prepare for my refugee hearing?
It is the refugee claimant’s responsibility to submit all documents in support of their refugee claim to the Refugee Board at least 10 days before their hearing. This includes personal documents and country condition evidence.
It is also the claimant’s responsibility to determine whether any witnesses (other than the claimants) need to be called to give evidence.
Thorough preparation of all witnesses, including the claimant, is vital to a successful refugee claim.
What happens at a refugee hearing?
A refugee hearing is the Board Member’s opportunity to ask questions about the reasons you are making a refugee claim. If necessary, an interpreter will be available to assist with translation, however assistance with translation must be requested beforehand. Generally, the only people present at a refugee hearing are the Board member, claimant, claimant’s lawyer, if one has been retained, and translator, if requested. In certain cases, a Minister’s delegate may take part in a refugee hearing if they are of the opinion that the refugee claim should not succeed.
Am I allowed to work or study while my refugee claim is in process?
Yes, however you must apply for a study permit or a work permit to be able to do so. You can request either of these when you complete your refugee forms.
What else should I know about making a refugee claim?
Navigating the refugee process can be complex and issues that may not be anticipated can arise at any point in the process. It is important that you seek the advice of an experienced immigration lawyer who can assist you with your refugee claim.