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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 06:38, 23 August 2023
, 06:38, 23 August 2023→F. Convention Refugees (the Process)
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The Refugee Protection Division (“RPD”) assesses foreign nationals who apply for Convention refugee protection or “protected persons” status. | The Refugee Protection Division (“RPD”) assesses foreign nationals who apply for Convention refugee protection or “protected persons” status. | ||
The definition of a Convention refugee is found at s 96 of the IRPA. Generally, the person must: | 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, | :(a) Have a well-founded fear of persecution, | ||
:(b) The fear must be objective and subjective, | :(b) The fear must be objective and subjective, | ||
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:(f) The state must be unable or unwilling to protect. | :(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 [https://www.canlii.org/en/ca/scc/doc/1993/1993canlii105/1993canlii105.html?autocompleteStr=Canada%20v%20Ward%20%5B1993%5D%202%20SCR%20689&autocompletePos=2 Canada v Ward [1993<nowiki>]</nowiki> 2 SCR 689]). This is not an exhaustive list; refer directly to the IRPA, ss. 95 to 111. | If a person has more than one place of citizenship, they must have exhausted options in both of their countries of citizenship (see [https://www.canlii.org/en/ca/scc/doc/1993/1993canlii105/1993canlii105.html?autocompleteStr=Canada%20v%20Ward%20%5B1993%5D%202%20SCR%20689&autocompletePos=2 Canada v Ward [1993<nowiki>]</nowiki> 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. Individuals should review these “Gender Guidelines” when assisting women refugee claimants. The Gender Guidelines can be found on the IRB’s website, www.irb-cisr.gc.ca, under the heading “Legal and Policy References.” | The IRB Chairperson has issued special interpretation guidelines for determining Convention refugee claims of women refugees. Individuals should review these “Gender Guidelines” when assisting women refugee claimants. The Gender Guidelines can be found on the IRB’s website, www.irb-cisr.gc.ca, 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. | :'''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 [https://www.canlii.org/en/ca/laws/astat/sc-2010-c-8/latest/sc-2010-c-8.html?searchUrlHash=AAAAAQAbQmFsYW5jZWQgUmVmdWdlZSBSZWZvcm0gQWN0AAAAAAE&resultIndex=1 Balanced Refugee Reform Act], SC 2010, c 8 (BRRA), and, the [https://www.canlii.org/en/ca/laws/astat/sc-2012-c-17/latest/sc-2012-c-17.html?searchUrlHash=AAAAAQAsUHJvdGVjdGluZyBDYW5hZGHigJlzIEltbWlncmF0aW9uIFN5c3RlbSBBY3QAAAAAAQ&resultIndex=1 Protecting Canada’s Immigration System Act, SC 2012, c 17].''' | '''Significant changes to the refugee determination process have been implemented over the last several years by the [https://www.canlii.org/en/ca/laws/astat/sc-2010-c-8/latest/sc-2010-c-8.html?searchUrlHash=AAAAAQAbQmFsYW5jZWQgUmVmdWdlZSBSZWZvcm0gQWN0AAAAAAE&resultIndex=1 Balanced Refugee Reform Act], SC 2010, c 8 (BRRA), and, the [https://www.canlii.org/en/ca/laws/astat/sc-2012-c-17/latest/sc-2012-c-17.html?searchUrlHash=AAAAAQAsUHJvdGVjdGluZyBDYW5hZGHigJlzIEltbWlncmF0aW9uIFN5c3RlbSBBY3QAAAAAAQ&resultIndex=1 Protecting Canada’s Immigration System Act, SC 2012, c 17].''' | ||
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=== 2. Eligibility === | === 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 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. | 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. | ||
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In port of entry cases, the claimant will have '''15 days to file the BOC''' with the Refugee Protection Division ("RPD") of the Immigration and Refugee Board. Completing the BOC is the most important obligation on a Convention refugee claimant, apart from attending their hearing. | In port of entry cases, the claimant will have '''15 days to file the BOC''' with the Refugee Protection Division ("RPD") of the Immigration and Refugee Board. Completing the BOC is the most important obligation on a Convention refugee claimant, apart from attending their hearing. | ||
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 | 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 === | === 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 will question the claimant regarding the BOC. The Minister may also intervene in the hearing and a Hearings Officer may question the claimant if they allege the claimant should be excluded from refugee protection under IRPA s. 98 or if they have concerns about the claimant’s credibility. | 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 will question the claimant regarding the BOC. The Minister may also intervene in the hearing and a Hearings Officer may question the claimant if they allege the claimant should be excluded from refugee protection under ''IRPA'' s. 98 or if they have concerns about the claimant’s credibility. | ||
Note that if the claimant wishes to rely on documents, they 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). | Note that if the claimant wishes to rely on documents, they 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). | ||