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

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, the Protecting Canada’s Immigration System Act, SC 2012, c 17.

● 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)

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 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 but may be able to file for Judicial Review.   

Please note that the timelines for BOC, Hearings, Document Disclosure and Postponement Requests are different for Inland claimants and Port of Entry claimants.

== 1. Entry/Initiation ==