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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 do not qualify for legal aid, contact an immigrant settlement agency; see the Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" for a listing of settlement agencies.  
#*If you do not qualify for legal aid, contact an immigrant settlement agency; see the Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" for a listing of settlement agencies.  
#*Other options for getting legal help include contacting the [[Law Students Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#*Other options for getting legal help include contacting the [[Law Students Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#To start your refugee claim:
#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.
#*If you are at an airport or at a Canadian border crossing, start your 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.
#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]]. Go to the reception counter and explain that you want to make a refugee claim.  
#*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]]. Go to the reception counter and explain that you
#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.
want to make a refugee claim. 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.
 


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


1.
The immigration officer will decide if 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.  
2. 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.


3. The immigration officer will decide if 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. <Reasons why you might not be eligible.>
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.


4. Complete your Personal Information Form. This is form must be submitted to the Immigration and Refugee Board within 28 days. See <Your Guide to the Refugee Claims Process> for step to step instructions on completing this form.
Prepare for your refugee hearing by gathering information about your case. It is up to you to convince the Refugee Protection Division that you are at risk if you return to your country. Gather identity documents, police reports, medical records and other information to show your story is true.


5. Prepare for your Refugee Hearing. Gather information about your case. It is up to you to convince the Refugee Protection Division that you are at risk if you return to your country. Gather identity documents, police reports, medical records and other information to show your story is true.
At your refugee hearing, a member of the Immigration and Refugee Board will determine whether or not you are a Convention refugee or a person in need of protection.  


6. Attend your refugee hearing. See <Refugee Hearing Preparation Guide> for some useful information on refugee hearings.  
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.  


7. The Refugee Protection Division will determine whether or not you are a Convention Refugee or a Person in Need of Protection.
8. 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
Tips and Notes
If you are detained contact <immigration duty counsel>  
If you are detained contact <immigration duty counsel>  
Where to get legal help
 
<Immigrant settlement agencies>
==Where to get help==
<Legal resources>
See the [[Resource Guide]] for a list of helpful resources. Your best bets are:
Written resources
* The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" 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.
• Your Guide to the Refugee Claim Process, from the Legal Services Society, 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.
* Refugee Claims from inside Canada , from Citizenship and Immigration Canada, explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
• Refugee Claims from inside Canada , from Citizenship and Immigration Canada, explains who can apply for refugee status from inside Canada, how to apply, and what happens next.
* Immigration and Refugee Law, from MOSAIC, has a major section on refugees. It provides details of the refugee claim process.
• Immigration and Refugee Law, from MOSAIC, has a major section on refugees. It provides details of the refugee claim process.
* LSLAP Manual: Immigration Law, from the UBC Law Students Legal Advice Program, has information about the refugee claim process.
• LSLAP Manual: Immigration Law, from the UBC Law Students Legal Advice Program, has information about the refugee claim process.




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