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Permanent Residence Application Process (18:V) (view source)
Revision as of 18:50, 28 June 2016
, 18:50, 28 June 2016→F. Convention Refugees (the Process)
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== F. Convention Refugees (the Process) == | == F. Convention Refugees (the Process) == | ||
Foreign | Foreign nationals who apply for Convention refugee protection or “protected persons” status are assessed by the Refugee Protection Division (“RPD”). | ||
The definition of a Convention refugee is found at s 96 of the IRPA. Generally, the person must: (a) have a well-founded fear of persecution; (b) the fear must be objective and subjective; (c) the fear must be linked to a Convention ground (i.e. race, nationality, religion, political opinion or membership in a particular social group); (d) there must be no Internal Flight Alternative, i.e. a place in the country of feared persecution where the person can reasonably live safely; (e) there must be no state involvement or state complicity; and (f) the state must be unable or unwilling to protect. If a person has more than one place of citizenship, they must have exhausted options in both of their countries of citizenship (see ''Canada v Ward'' [1993] 2 SCR 689). This is not an exhaustive list; refer directly to the IRPA, ss 95 to 111. | |||
The IRB Chairperson has issued special interpretation guidelines for determining Convention refugee claims of women refugees. Students should review these “Gender Guidelines” when assisting women refugee claimants. The Gender Guidelines can be found on the [http://www.irb-cisr.gc.ca IRB’s website], under the heading “Legal and Policy References.” | |||
'''NOTE:''' A “person in need of protection” has a different definition, outlined under s 97 of the IRPA. '''Review the Convention Refugee and Protected Persons classes in the IRPA carefully if dealing with such a case.''' The Refugee Protection Division has the jurisdiction to consider both ss 96 and 97 of the IRPA. | |||
'''Significant changes to the refugee determination process have been implemented over the last several years by the ''Balanced Refugee Reform Act'', SC 2010, c 8 (BRRA), and Bill C-31, the ''Protecting Canada’s Immigration System Act'', SC 2012, c 17 (Bill C-31).''' These laws dramatically change the way in which refugee claims are processed. Some of their provisions have come into force already, but '''most procedural changes came into effect on December 15th, 2012'''. | |||
Key Changes: | |||
*People who make a refugee claim at an office in Canada must submit their completed Basis of Claim form (BOC) during their eligibility interview. Those who make a refugee claim at a port of entry must submit their BOC to the IRB no later than 15 days after referral of their claim to the IRB. | |||
*Hearings at the independent Immigration and Refugee Board of Canada (IRB) will be conducted by public servant decision-makers rather than people appointed by the Governor in Council (GIC) | |||
*Hearings for most claimants will be held no later than 60 days after the refugee claim is referred to the IRB. | |||
*For claimants from Designated Countries of Origin (see below), hearings will be held no later than 45 days after referral to the IRB for those who make a refugee claim at a port of entry, and no later than 30 days after referral for those who make a claim at an inland CIC or Canada Border Services Agency (CBSA) office. | |||
In general, refugee claimants have an initial intake interview with an officer, followed by a hearing with a public servant within 60 days or 30-45 days for those from “Designated Countries of Origin”(DCOs). If the claimant fails, they will have 15 days to make an appeal to the Refugee Appeal Division (RAD). Claimants from DCOs, those whose claims are decided by the IRB to be “manifestly unfounded” or have “no credible basis,” designated foreign nationals, and those falling under an exception to the Safe Third Country agreement have no right of appeal to RAD (though they can ask for judicial review from the Federal Court). Please note that the timelines for BOC, Hearings, Document Disclosure and Postponement Requests are different for Inland claimants and Port of Entry claimants. Clients who are midway through the process are advised to consult the Citizenship and Immigration Canada website for the latest information: www.cic.gc.ca. 1.Entry/Initiation A foreign national generally requests Convention refugee protection at the Port of Entry upon arrival, i.e. at the airport, land border or sea border. However, if a foreign national wishes to make a Convention refugee claim after being admitted into Canada, the person should go to the Citizenship and Immigration Office at 1148 Hornby Street, Vancouver, British Columbia and enter a claim for protection. The first step is the eligibility interview. 2.Eligibility Once a foreign national makes a claim for protection, an immigration officer will interview him or her and determine if the person is eligible to make a claim. There are several classes of ineligible people listed at s 101 of the IRPA. For example, if a foreign national has | |||