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

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{{Legal Help Guide TOC}}The Immigration and Refugee Board of Canada decides refugee claims.
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| text      = '''Update:''' The process for claiming refugee status is expected to change December 15, 2012. This page will be updated once the new process is in place. <br>


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You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.
}}You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection".  


'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution". This means they have a good reason to believe they are in danger and that the authorities in their country will not or cannot protect them. They may fear that they will be harmed because of their race, religion, political opinion, nationality, or membership in a particular social group (such as women or people of a particular sexual orientation).
For information about refugee status, see Clicklaw for resources listed under the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].
'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:
* a danger of torture,
* a risk to their life, or
* a risk of cruel and unusual treatment or punishment.


To prove that you are a person at risk if returned to your country, you must show all of the following:
* you are not able to get state protection from your country,
* the risk is specific towards you or your family,
* you face the risk in every part of your country,
* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
* the risk is not because of lack of adequate medical care.
Refugee claims are decided by the Immigration and Refugee Board of Canada.


{{Tipsbox
{{Tipsbox
| width = 80%
| width = 60%
| tips = If you are detained, ask to speak to [[Duty Counsel|immigration duty counsel]] or call legal aid at 604-601-6076. 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 = If you are detained, ask to speak to [http://wiki.clicklaw.bc.ca/index.php/Duty_Counsel immigration duty counsel] or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society (legal aid) 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.  
}}
}}


== First steps ==
== First steps ==
#Before you start a refugee claim, you should try to get help from a lawyer or settlement agency:
 
#*If you cannot afford a lawyer on your own, apply for legal aid. See [[Legal Aid Representation|legal aid representation]] in the Resource List for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your refugee claim must have merit.
# Before you start a refugee claim, try to get help from a lawyer or settlement agency:  
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" for a listing of settlement agencies.  
#* If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.  
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#* If you do not qualify for legal aid, contact an immigrant settlement agency.  
#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.
#* Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
#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.  
#* Pay for a lawyer or immigration consultant.  
#You will be asked to fill out an immigration form and you 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.
# 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. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents. If you come from the United States of America you might be returned to the USA because of the safe third party agreement between Canada and the USA.
#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.
# If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see [[Immigration, Refugees and Citizenship Canada]] in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. It is advisable to complete the forms with the help of a lawyer.
#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.  
# Once your immigration forms are complete, an immigration officer will interview you. 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 decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.  
 


{{Tipsbox
{{Tipsbox
| width = 90%
| width = 60%
| 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 = 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.  
}}
}}


==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 held within 30 to 60 days after you are found eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.  


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.
:* For information about how to prepare for the hearing, see [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants].  


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 do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.
 
 
{{Tipsbox
| width = 60%
| tips = Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
:* have made a refugee claim in Canada in the past,
:* came to Canada from or through a designated safe third country where they could have claimed refugee protection,
:* are not admissible to Canada on security grounds, or
:* are not admissible to Canada because of criminal activity or human rights violations.  
}}


==Where to get help==
==Where to get help==
See the [[Resource List]] of this Guide for a list of helpful resources. Your best bets are:
See the [[Resource List for Legal Help for British Columbians|Resource List]] of this Guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* The publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]", which explains the process of seeking refugee protection in Canada. It includes straightforward information about how to start a claim in BC, the overall process, how to fill out the forms for each stage, and where to get legal and other help.
* 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 also 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], explaining who can apply for refugee status from inside Canada, how to apply, and what happens next.
* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1738 Immigration Law]".
* "[http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]" is a step-by-step guide to prepare for a refugee hearing, and includes sections on gathering and submitting evidence, legal issues to consider, and preparing for the hearing day.


Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case.
:* [[Legal Aid Representation|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid.
:* [[Immigration, Refugees and Citizenship Canada]]. It has information for [http://www.clicklaw.bc.ca/resource/2096 Refugee Claims in Canada] that explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
:* [[Government of Canada's Settlement Services Directory]] to find agencies that provide services to immigrants and refugees.
:* The [[Law Students' Legal Advice Program]] immigration clinics, if you live in the Lower Mainland.
:* [http://www.clicklaw.bc.ca/resource/2490 Refugee Hearing Preparation: A Guide for Refugee Claimants]. It explains how to prepare for a refugee hearing.
:* [http://www.vrsa.ca/?page_id=279 Refugee Claim Process]. This is a guide to what happens in the refugee claim process.
:* Clicklaw resources for the common question [http://www.clicklaw.bc.ca/question/commonquestion/1060 We want to start a refugee claim in Canada].
 
Before you meet with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this guide. Make sure you take copies of all documents about your case.
 
==Definitions==
'''Convention refugees''' are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."
 
If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.
 
'''Persons in need of protection''' are people who, if returned to their home country or country where they normally live, would face:
 
:* a danger of torture,
:* a risk to their life, or
:* a risk of cruel and unusual treatment or punishment.
 
To prove that you are a person at risk if returned to your country, you must show that all of the following apply:
:* you are not able to get state protection from your country,
:* the risk is specific towards you or your family,
:* you face the risk in every part of your country,
:* the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
:* the risk is not because of lack of adequate medical care.
 
 
{{REVIEWED | reviewer = [[Rochelle Appleby]], March 2017}}


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Latest revision as of 20:39, 4 May 2017

The Immigration and Refugee Board of Canada decides refugee claims.

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection." See definitions at the end of the article.

For information about refugee status, see Clicklaw for resources listed under the common question We want to start a refugee claim in Canada.


Tipsandnotes.png
If you are detained, ask to speak to immigration duty counsel or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society (legal aid) 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.


First steps[edit]

  1. Before you start a refugee claim, try to get help from a lawyer or settlement agency:
    • If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about how to apply for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To get legal aid you must be financially eligible and your refugee claim must have merit.
    • If you do not qualify for legal aid, contact an immigrant settlement agency.
    • Contact the Law Students' Legal Advice Program if you live in the Lower Mainland.
    • Pay for a lawyer or immigration consultant.
  2. 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. Staff at the Canada Border Services Agency will interview you. They will ask you to complete immigration forms and provide identity documents. If you come from the United States of America you might be returned to the USA because of the safe third party agreement between Canada and the USA.
  3. If you are already in Canada, you must submit the required forms to a Citizenship and Immigration Canada office to start your refugee claim. To find a list of offices, see Immigration, Refugees and Citizenship Canada in the Resource List of this guide. You must provide identity documents. For information on preparing refugee claim forms see the online tool Refugee Claim Process. It is advisable to complete the forms with the help of a lawyer.
  4. Once your immigration forms are complete, an immigration officer will interview you. 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 decide whether you are eligible to make a refugee claim. If you are eligible, your case will go to the Immigration and Refugee Board of Canada and you will get a date for your hearing.


Tipsandnotes.png
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.

What happens next[edit]

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 held within 30 to 60 days after you are found eligible to make a claim. The time of the hearing will depend on the country you are from and whether you made your claim at a port of entry (border or airport) or at a local CIC office.

If you do not agree with what the Board decides, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision reviewed. Talk to a lawyer or settlement worker about this.


Tipsandnotes.png
Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include those who:
  • have made a refugee claim in Canada in the past,
  • came to Canada from or through a designated safe third country where they could have claimed refugee protection,
  • are not admissible to Canada on security grounds, or
  • are not admissible to Canada because of criminal activity or human rights violations.

Where to get help[edit]

See the Resource List of this Guide for a list of helpful resources. Your best bets are:

Before you meet with a lawyer or advocate, complete the form Preparing for Your Interview included in this guide. Make sure you take copies of all documents about your case.

Definitions[edit]

Convention refugees are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution."

If you are a convention refugee, this means you have a good reason to believe you are in danger, and that the authorities in your country will not or cannot protect you. You may fear that you will be harmed because of your race, religion, political opinion, nationality, gender or sexual orientation.

Persons in need of protection are people who, if returned to their home country or country where they normally live, would face:

  • a danger of torture,
  • a risk to their life, or
  • a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show that all of the following apply:

  • you are not able to get state protection from your country,
  • the risk is specific towards you or your family,
  • you face the risk in every part of your country,
  • the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
  • the risk is not because of lack of adequate medical care.


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Rochelle Appleby, March 2017.


Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.