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Difference between revisions of "I Want to Claim Refugee Status in Canada"

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I Want to Claim Refugee Status in Canada (view source)

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#If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. You will be interviewed by the Canada Border Services Agency and asked to complete immigration forms and provide identity documents.
#If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. You will be interviewed by the Canada Border Services Agency and asked to complete immigration forms and provide identity documents.
#If you are already in Canada, go to a Citizenship and Immigration Canada office to start your claim. To find a list of offices, see [[Citizenship and Immigration Canada]] in the Resource List of this Guide. Go to the reception counter and explain that you want to make a refugee claim. You will be asked to fill out immigration forms and provide identity documents.
#If you are already in Canada, go to a Citizenship and Immigration Canada office to start your claim. To find a list of offices, see [[Citizenship and Immigration Canada]] in the Resource List of this Guide. Go to the reception counter and explain that you want to make a refugee claim. You will be asked to fill out immigration forms and provide identity documents.
#Once your immigration forms are complete, you will be interviewed by an immigration officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview.
#Once your immigration forms are complete, you will be interviewed by an immigration officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview. At your interview, the officer will assess whether you are eligible to make a refugee claim. If you are eligible, your case will be referred to the Immigration and Refugee Board of Canada and you will be given a date for your hearing.  
#You should complete the immigration forms and answer questions at your interview carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
#The officer will assess whether you are eligible to make a refugee claim. If you are eligible, your case will be referred to the Immigration and Refugee Board of Canada and you will be given a Personal Information Form to complete.  


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| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are '''not eligible''' include people who have made a refugee claim in Canada in the past, people who came to Canada from or through a designated safe third country where they could have claimed refugee protection, people who are not admissible to Canada on security grounds, or people who are not admissible to Canada because of criminal activity or human rights violations.
| tips = You should complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.
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==What happens next==  
==What happens next==  


Complete your Personal Information Form. This form must be submitted to the Immigration and Refugee Board '''within 28 days'''. See the Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" for step-by-step instructions on completing this form.
The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be within 30 to 60 days of your being found eligible to make a claim; the timing will depend on the country you are from and whether you made your claim at a port of entry.  


The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. At your hearing, a member of the Board will determine whether or not you are a Convention refugee or a person in need of protection. It is up to you to convince the Board that you are at risk if you return to your country. Gather identity documents, police reports, medical records, human rights reports on country conditions and other information to show that your story is true.
At your hearing, a member of the Board will determine whether or not you are a Convention refugee or a person in need of protection. It is up to you to convince the Board that you are at risk if you return to your country. Gather identity documents, police reports, medical records, human rights reports on country conditions and other information to show that your story is true.


If you are found not to be a Convention refugee or person in need of protection, you may be able to apply to the Federal Court of Canada to have the decision in your case reviewed. If it has been 12 months since you received a negative decision on your refugee claim from the Immigration and Refugee Board you may be eligible to apply for a Pre-Removal Risk Assessment.
If you are found not to be a Convention refugee or person in need of protection, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision in your case reviewed.  
 
After a period of time following a negative decision on your refugee claim from the Immigration and Refugee Board, you may be eligible to apply for a Pre-Removal Risk Assessment. The period of time is 12 or 36 months depending on the country you are from.  


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