Difference between revisions of "Permanent Residence Application Process (18:V)"

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Permanent Residence Application Process (18:V) (view source)

Revision as of 19:55, 28 June 2016

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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if a foreign national has previously made a Convention refugee claim in Canada, and the claim was accepted, refused, withdrawn or abandoned, that person is “ineligible” to make another claim. If a foreign national is determined “ineligible,” the process stops.  
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if a foreign national has previously made a Convention refugee claim in Canada, and the claim was accepted, refused, withdrawn or abandoned, that person is “ineligible” to make another claim. If a foreign national is determined “ineligible,” the process stops.  


At the eligibility interview, the interviewing immigration officer will obtain the detailed reasons why the foreign national fears persecution. A foreign national should be prepared to accurately outline the details of his or her account of events leading to the claim for protection. 3.Basis of Claim Form (BOC) Once a foreign national is determined to be eligible to submit a Convention refugee claim, the foreign national will be given a Conditional Departure  Order. This is a removal order that only comes into effect if the person loses the claim for protection. The foreign national is now a Convention refugee claimant. The claimant will have 15 days to file the BOC. This is the most important obligation on a Convention refugee claimant, with the exception  of attending their hearing. Similarly, refugee claimants in the new system will file the shorter BOC forms.  Claimants will require help in preparing their BOC. In the BOC, a claimant must outline the precise reason(s) for their well-founded fear of persecution.  This includes a narrative outlining the dates, incidents of persecution, why they are afraid, etc. The BOC should include facts that support the claimant’s fear, and that address the requirements set out in the IRPA. For example, the BOC should address why the claimant has no internal flight alternative, how the state is involved or complicit in the persecution, etc. This account of events will form the basis of the request for protection at the hearing. 4.Refugee Hearing The Convention refugee claimant will be scheduled for an oral hearing to assess their claim. This hearing is not open to the public. The Presiding Member  and Refugee Protection Officer will question the claimant regarding the BOC. The Minister may also intervene in the hearing and question the claimant if  they allege the claimant should be excluded from refugee protection under IRPA s 98.Note that if the claimant wishes to rely on documents, he or she must  file or serve those documents not less than 20 days before the hearing. If the Minister intervenes, they must also be served within the same time frame. If there are documents in other languages, they must be translated (Rule 28). Claimants   may   represent   themselves   at   the   hearing   or   be   represented   by   counsel. Representation by counsel is always preferable. Interpreters are provided  if required. Claimants may request that a family member or friend be present at the hearing for emotional support.  NOTE: Claimants (and their counsel) must be very familiar with the content of their BOC before the hearing. Claimants must be prepared to elaborate on the details outlined in the  BOC.Inconsistencies with the facts as stated in the BOC may be interpreted by a decision-maker as weakening the claimant’ s credibility.  5.Refugee Appeal Division The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, there
At the eligibility interview, the interviewing immigration officer will obtain the detailed reasons why the foreign national fears persecution. A foreign national should be prepared to '''accurately outline the details''' of his or her account of events leading to the claim for protection.  
 
=== 3. Basis of Claim Form (BOC) ===
 
Once a foreign national is determined to be eligible to submit a Convention refugee claim, the foreign national will be given a Conditional Departure  Order. This is a removal order that only comes into effect if the person loses the claim for protection. The foreign national is now a Convention refugee claimant. The claimant will have '''15 days to file the BOC'''. This is the most important obligation on a Convention refugee claimant, with the exception  of attending their hearing. Similarly, refugee claimants in the new system will file the shorter BOC forms.   
 
Claimants will require help in preparing their BOC. In the BOC, a claimant must outline the precise reason(s) for their well-founded fear of persecution.  This includes a narrative outlining the dates, incidents of persecution, why they are afraid, etc. The '''BOC should include facts that support the claimant’s fear, and that address the requirements set out in the IRPA'''. For example, the BOC should address why the claimant has no internal flight alternative, how the state is involved or complicit in the persecution, etc. This account of events will form the basis of the request for protection at the hearing.  
 
=== 4. Refugee Hearing ===
 
The Convention refugee claimant will be scheduled for an oral hearing to assess their claim. This hearing is not open to the public. The Presiding Member  and Refugee Protection Officer will question the claimant regarding the BOC. The Minister may also intervene in the hearing and question the claimant if  they allege the claimant should be excluded from refugee protection under IRPA s 98.  
 
Note that if the claimant wishes to rely on documents, he or she must  file or serve those documents not less than 20 days before the hearing. If the Minister intervenes, they must also be served within the same time frame. If there are documents in other languages, they must be translated (Rule 28).  
 
Claimants may represent themselves at the hearing or be represented by counsel. Representation by counsel is always preferable. Interpreters are provided  if required. Claimants may request that a family member or friend be present at the hearing for emotional support.   
 
'''NOTE:''' Claimants (and their counsel) must '''be very familiar with the content of their BOC before the hearing'''. Claimants must be prepared to elaborate on the details outlined in the  BOC. Inconsistencies with the facts as stated in the BOC may be interpreted by a decision-maker as weakening the claimant’s credibility.   
 
=== 5. Refugee Appeal Division ===
 
The Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most cases, there will be no hearing as the RAD will base its decision on the documents provided by the parties involved and the RPD record. 
 
==== a) Client is Appealing the RPD’s decision to the RAD ====
 
For a client who is '''appealing a decision of the RPD''' to the RAD, the following information may be helpful: 
*Once a client has received the written reasons for the decision from the RPD, they will have '''only 15 days''' to file a Notice of Appeal;
*After a claimant receives the written reasons from the RPD decision, the claimant has 30 days to file an Appellant's Record. 
*RAD member will make a decision on the appeal. Usually this decision will be provided to the claimant no later than 90 days after an appeal is perfected. 
 
'''For a detailed compilation of necessary steps and information for a claimant’s appeal, please refer to the [http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/RefAppKitTro.aspxb Appellant’s Guide and Kit]'''.
 
==== b) Client is Responding to the Minister’s Appeal of the RPD’s Decision ====
 
The Minister can appeal the RPD's decision to accept a claimant’s refugee claim subject to the following exceptions: 
*i) The claimant is a designated foreign national;
*ii) The claimant is from a country that was a DCO at the time of their RPD decision;
*iii) The claimant made their claim at a land border with the United  States  and  the claim  was  referred  to  the  RPD  as  an  exception  to  the  Safe  Third  Country Agreement; iv) The claimant’ s claim was referred to the RPD before the relevant provisions of the new system came into force. For a client who is responding to the Minister’ s appeal of their RPD decision to the RAD, the following should be considered: ●A claimant will know the Minister is appealing the RPD decision when the Minister gives  the  claimant  and  the  RAD  a  document  called  a ‘ notice  of  appeal’ .  The Minister has 15 days after they have received the RPD’ s written decision to do this. ●The Minister will then give the claimant any supporting documents that they will be submitting as evidence. The Minister has 30 days after receiving the RPD’ s written reasons to do this.  ●After  this  is  done,  the  claimant  will  have  to  submit  a “Notice  of  Intent  to Respond”  and  provide  the  Minister  and  the  RAD  with  a  copy,  no  later  than  15 days after the claimant receives the supporting document from the Minister.  For a detailed compilation of all necessary components when responding to an appeal, please refer to the Respondent’s Guide:  http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/ResIntKitTro.aspxG.Pre-Removal Risk A ssessment (PRRA )
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