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

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Refugee claims are decided by the Immigration and Refugee Board of Canada.  
Refugee claims are decided by the Immigration and Refugee Board of Canada.  
{{Tipsbox
| width = 80%
| tips = If you are detained, contact [[Duty Counsel|immigration duty counsel]]. Duty counsel are lawyers paid by [[Legal Services Society]] to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings. 
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== First steps ==
== First steps ==
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#You will be asked to fill out an immigration form and will be interviewed by an officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview.
#You will be asked to fill out an immigration form and will be interviewed by an officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview.
#You should complete the immigration form 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 form for your records.
#You should complete the immigration form 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 form 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.


{{Tipsbox
{{Tipsbox
| width = 80%
| width = 90%
| tips = If you are detained, contact [[Duty Counsel|immigration duty counsel]]. Duty counsel are lawyers paid by [[Legal Services Society]] to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.
| 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.
}}
}}


==What happens next==  
==What happens next==  
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.


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.
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.
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If you are found not to be a Convention refugee or person in need of protection, you may be eligible to apply for a Pre-Removal Risk Assessment or to apply to the Federal Court of Canada to have the decision in your case reviewed.  
If you are found not to be a Convention refugee or person in need of protection, you may be eligible to apply for a Pre-Removal Risk Assessment or to apply to the Federal Court of Canada to have the decision in your case reviewed.  
Tips and Notes
If you are detained contact <immigration duty counsel>


==Where to get help==
==Where to get help==
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* Settlement agencies such as [[MOSAIC]], which provide a wide range of services to immigration and refugee claimaints. "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" includes a list of settlement agencies. MOSAIC publishes "[http://www.clicklaw.bc.ca/resource/1868 Immigration and Refugee Law]", which provides details of the refugee claim process.
* Settlement agencies such as [[MOSAIC]], which provide a wide range of services to immigration and refugee claimaints. "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" includes a list of settlement agencies. MOSAIC publishes "[http://www.clicklaw.bc.ca/resource/1868 Immigration and Refugee Law]", which provides details of the refugee claim process.
* [[Citizenship and Immigration Canada]], which has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada], which explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
* [[Citizenship and Immigration Canada]], which has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada], which explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
* [[Law Students Legal Advice Program]], and the chapter of their LSLAP Manual on "[http://www.clicklaw.bc.ca/resource/1739 Immigration Law]".  
* [[Law Students Legal Advice Program]], and the chapter of their LSLAP Manual on "[http://www.clicklaw.bc.ca/resource/1739 Immigration Law]".
 
 
 
Reasons why a person maybe found ineligible to make a refugee claim.
A Claim is ineligible if a person:
 has already been granted refugee protection in Canada or in another country
 has previously been refused refugee protection in Canada
 came to Canada from, or through, a designated safe third country where you could have claimed refugee protection, or
 is a security risk, have violated human or inter¬national rights, have committed a serious crime or have been involved in organized crime
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