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 22:08, 17 August 2018

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→‎F. Convention Refugees (the Process)
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*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.  
*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).   
In general, refugee claimants have an initial intake interview with an officer, followed by a hearing with a public servant.Due to the increased volume of claims, the RPD has moved to a “first-in, first out” model where claims are heard in the order they are referred '''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.  
Please note that the timelines for BOC, Hearings, Document Disclosure and Postponement Requests are different for Inland claimants and Port of Entry claimants.  
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=== 4. Refugee 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.  
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).  
Note that if the claimant wishes to rely on documents, he or she must file or serve those documents not less than 10 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.   
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.
:'''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.
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*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;  
*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.   
*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]'''.
'''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]'''.
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*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.   
*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 [http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/ResIntKitTro.aspx Respondent’s Guide].  
For a detailed compilation of all necessary components when responding to an appeal, please refer to the [http://www.irb-cisr.gc.ca/Eng/RefApp/Pages/ResIntKitTro.aspx Respondent’s Guide].


== G. Pre-Removal Risk Assessment (PRRA) ==
== G. Pre-Removal Risk Assessment (PRRA) ==
LSLAP
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