FCJ Hamilton House Refugee Project

Making a Refugee Protection Claim in Canada People in need of protection can make a refugee protection claim in Canada: At any air or sea Port of Entry Inland At any Canadian port of entry or after entry into Canada, the refugee protection claim starts before the Ministry of Citizenship and Immigration Canada (CIC)

Initiation cont’d Seek help from a community organization working with refugees Apply for Legal Aid Seek legal representation as early as possible in the process

Determination of Eligibility A person is not eligible to make a refugee protection claim in Canada if they: Are recognized as a Convention refugee by another country Have made a previous refugee claim in Canada (even if they have withdrawn or abandoned their previous claim)

Eligibility cont’d Are considered a security risk, a serious criminal, a person involved in organized crime, or a person involved in violations of human rights Enter at a land border (for exceptions see next slide) Conditional Removal Order

Eligibility cont’d Safe Third Country Agreement: The safe third country agreement prevents you from making a claim at the US- Canadian land border, unless you meet at least one of the following criteria:

Eligibility cont’d you have a relative in Canada who is: a Canadian citizen, a permanent resident, a protected person, accepted in principle on humanitarian and compassionate grounds, 18 years of age or over and a refugee claimant or on a work or study permit.

Eligibility cont’d You are under 18 and unmarried, not travelling with your parent or legal guardian, and neither your mother, father, nor legal guardian is in Canada or the US. You were charged with or convicted of an offence punishable with the death penalty in the country where the charge or conviction was made (although this may make you ineligible on grounds of criminality. ) You have a visa to enter Canada other than a transit visa

Eligibility cont’d You are from a country to which Canada has temporarily suspended removals (as of 02/28/05, Afghanistan, Burundi, Democratic Republic of Congo, Haiti, Iraq, Liberia, Maldives, Rwanda, Sri Lanka, Zimbabwe),

Eligibility cont’d You are from a country that Canada does not require that you have a visa but the US does (as of 02/28/05, Antigua and Barbuda, Barbados, Botswana, Cyprus, Greece, Malta, Mexico, Namibia, Papua New Guinea, Republic of (South) Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, Solomon Islands, Swaziland, Western Samoa).

A Person in need of Protection A person who is in need of protection according to the Refugee Convention definition is a person who has a: Well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion

Definition cont’d Faces torture if he/she is returned to their country of origin (Convention Against Torture) Would be subject to cruel and unusual treatment or punishment

Personal Information Form (PIF) 28 days to submit the PIF If PIF is not submitted, the case is declared abandoned. Questions are about identity, family, work history, military service and other aspects of personal life, including citizenship and immigration matters. The IRB will use the PIF to make a decision on a claim at the refugee protection hearing.

PIF cont’d Submit 3 copies of the PIF, making sure to keep one copy for yourself. After the PIF is submitted, do the medicals and then apply for a work permit. Once you receive a work permit you may apply for a Social Insurance Number (SIN).

Immigration and Refugee Board The Immigration and Refugee Board (IRB) is an independent, quasi-judicial, specialized tribunal composed of members appointed by the government. The IRB hears and makes decisions on claims for refugee protection and on some immigration matters.

The Refugee Protection Hearing Keep the IRB and CIC informed about changes of address Most of the hearings are scheduled for half a day (could be shorter or longer). Participants at the hearing: Member of the IRB, Refugee Protection Officer (RPO), Interpreter, Counsel for the Refugee Applicant, Claimant and Family members, Minister’s representative (if CIC requests).

Hearing cont’d Documentation about the case must be submitted 20 days before the hearing. A useful source of information is the Documentation Centre of the IRB. The decision may be given at the end of the hearing or be sent later by mail. All cases will receive a Notice of Decision. If claim is rejected, Notice of Decision will include written reasons for decision.

IRB Positive Decision If a claim is accepted, he/she is granted protected person status in Canada. Apply for Landing (Permanent Residence) within 180 days. Apply for Canadian Citizenship approx. 3 years later.

IRB Negative Decision A refused claim does not have the right to appeal One may apply to the Federal Court of Canada for a judicial review of the IRB decision.

Judicial Review Within 15 days of a negative Notice of Decision, one can apply for Judicial Review The Judicial Review has 2 stages: 1. Apply for “Leave to Appeal” (permission) 30 days to make written submissions to complete the application Need a lawyer to submit the Memorandum of Argument

Judicial Review cont’d 2. If granted “Leave”, the lawyer makes oral submissions before a Judge. If the judgment is positive, go before IRB for another hearing If negative, apply for the PRRA

Pre-Removal Risk Assessment (PRRA) Decision made by Immigration Officers using the same definition used by IRB to determine if a person is in need of protection. The PRRA process starts when CIC informs the person that they are ready to remove them from Canada. (PRRA application will be attached) 15 days to apply for the risk assessment, and a further 15 days to make written submissions (must be new evidence since hearing).

PRRA cont’d One could apply for PRRA if one: Were refused by the IRB – for the first time. Had made a refugee claim in Canada before and has been out of the country for 6 months. Were refused refugee protection because of the exclusion clauses

PRRA cont’d If one is successful under the PRRA, it does not mean that in all cases they will be eligible for Permanent Residency status. No serious criminal, no one with national security issues can apply for permanent resident status.

Humanitarian & Compassionate Grounds (H&C) This is not part of the refugee protection process. It is a parallel procedure. One can make an H&C application at any point during the refugee protection process. Processing fee is $ H&C does not prevent deportation.

Removal Procedures for Rejected Refugee Claimants Voluntary departure from Canada. He/she receives a notice telling them that they must leave Canada within 30 days. To be removed from Canada by the Canadian government (CIC): If entered through U.S., will be removed to U.S.z If entered at airport or made an inland claim, will be removed to country of origin.