Refugee Status in Canada

Why Canada?

Canada has a strong tradition of welcoming refugees and has welcomed 1088015 refugess from 1980 to 2022. Although refugees have to face many challenges in Canada, they do not simply benefit from the safety but they embrace the opportunity that Canada provides to build a better life and become important contributors to the country’s economy and cultural diversity

Canada is a signatory State to the following international legal instruments:

1951 convention Relating to the Status of Refugees/1967 Protocol Relating to Status of Refugees

1984 Convention Against torture and other Cruel, inhuman or degrading treatment or punishment

1966 International covenant on civil and political rights

Second Optional Protocol to the international covenant on civil and political rights aiming at the abolition of death penalty.

Canada binds itself to implement the provisions of the international instruments to which it is a signatory state by passing or amending its laws and regulations.
Immigration and Refugee Protection Act has passed by the Parliament of Canada to create a high-level framework detailing the goals and guidelines the Canadian government has set with regard to immigration to Canada by foreign residents.
Part 2 of the Act deals with issues relating to Refugees.

Definition of Refugee and different types of Refugee

There are two types of refugees.

1- Convention Refugee

2- Person in need of protection

Convention Refugee

Section 96 of Immigration Refugee Protection Act specifically defines a convention refugee as:
“A person who by reason of a well-founded fear of persecution for reasons of 

1- race,

2- religion,

3- nationality,

4- membership in a particular social group or

5-political opinion,

• Is outside each of their countries of nationality and is unable or, by reason of that fear, is unwilling to avail themselves of the protection of each of those countries, or
• not having a country of nationality, is outside their country of former habitual residence and is unable or, by reason of that fear, unwilling to return to that country”.

You can claim  refugee protection at any port of entry when you arrive in Canada.

This means an airport, seaport or land border.
A border services officer will ask you to complete the required application forms when you arrive. Normally, you’ll complete the forms at the port of entry.
While at the port of entry, the officer will also:

• Ask you questions about your situation
• Collect your documentation and proof of identity
• Take your fingerprints and photo

If the officer decides your refugee claim is eligible The officer will give you:

• A Refugee Protection Claimant Document, which will help you get access to the Interim Federal Health Program and other services in Canada
• A confirmation of referral letter, which confirms your claim has been referred to the Immigration and Refugee Board of Canada (IRB)
• A Basis of Claim form:
  The purpose of this form is to present your refugee protection claim to the Refugee Protection Division (RPD). In the BOC Form, you will give details about yourself (your identity, family, documents and travel history) and about why you are claiming refugee protection in Canada.
• Instructions about completing your medical exam

You have 15 calendar days to complete the Basis of Claim form and submit it to the IRB’s Refugee Protection Division office shown on your confirmation of referral letter.

If the officer tells you to come back to the port of entry or an inland office for an interview
The officer will give you:

• An information pamphlet
• An acknowledgement of claim letter (which will help you get access to the Interim Federal Health Program and other services in Canada.

You make your claim inside by submitting it to Immigration and Refugee Citizenship Canada.

Benefits of claiming refugee status inside Canada

• Using legal services provided by professional legal counsels
  To make a refugee claim.

Your application will help IRCC understand:

• Your background
• Your family
• Why you want to make a refugee claim by submitting Basis of Claim

The information you are providing must be consistent with information you have already provided in your Generic Application, Schedule A, before coming to Canada.
Moreover, you are expected to provide information in regards to your background, and additional information.

After submitting the claim, claimant or his/her counsel will receive letter of Acknowledgement and a letter to refer claimant to a doctor for medical examination.
Appointment with a doctor is necessary in order to use Interim Federal Health Program.
There will be two appointments that claimant needs to attend before his/her claim is referred to Immigration and Refugee Board of Canada for final decision.
At first interview claimant needs to hand over his/her passport. Claimant will be called for another interview which is called Eligibility Interview. Then the claim will be referred to IRB.
During waiting period claimant will be issued a work permit and a study permit at no cost.

Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada (IRB) which is Canada’s largest independent administrative tribunal, is responsible for making decisions on immigration and refugee matters. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.
The Immigration and Refugee Board consists of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division and the Immigration Appeal Division.

Refugee Protection Division
The “Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) hears and decides claims for refugee protection made in Canada.
Refugee protection can be conferred in Canada if the RPD determines that the claimant meets the United Nations definition of a Convention refugee, which has been incorporated into Canadian law, or that the claimant is a person in need of protection. Refugee Protection Division is governed by Refugee Protection Division Rule.

Refugee Appeal Division (RAD)
RAD hears appeals after a claim for refugee protection is denied by the Refugee Protection Division (RPD). You may be permitted to appeal if the RPD has rejected your claim. The RAD can also decide an appeal made by the Minister on a positive RPD decision. The RAD is separate and independent from the RPD and is governed under RPD’s rules.

Appealing RPD’s Decisions

There are two steps involved in appealing to the RAD:

• Filing appeal

You must file your notice of appeal to the RAD no later than 15 days after you receive the written reasons for the RPD’s decision. You must provide three (3) copies of your notice of appeal to the RAD Registry in the regional office that sent your RPD decision.

• Completing appeal

You must complete your appeal by providing your appellant’s record to the RAD no later than 30 days after you receive the written reasons for the RPD’s decision. You must provide two (2) copies of your appellant’s record to the RAD Registry in the regional office that sent you your RPD decision.

Appealing Immigration’s Decisions

There are several types of appeals that are heard by the Immigration Appeal Division (IAD) of the IRB, to challenge decisions:

• appeals of family class sponsorship applications – for example, of spouses – refused by officials of Immigration, Refugees and Citizenship Canada (IRCC);
• appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas;
• appeals by permanent residents who have been found by a visa officer outside of Canada not to have fulfilled their residency obligation; and
• appeals by the Minister of Public Safety (representing the Canada Border Services Agency) of favourable decisions at admissibility hearings by the IRB’s Immigration Division.

How are the Creditability of claims assessed?

Section 170 of IRPA allows Refugee Protection Division not to be bound by any legal or technical rules of evidence. RPD is allowed to receive and base its decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances.

Section 171 of IRPA bans RPD or Refugee Appeal Division of IRB to reject evidence simply because it is hearsay (Guthrie v. Canada P12).
In assessing credibility, the Board may consider matters such as inconsistencies, contradictions and omissions from the evidence, specialized knowledge, inferences, implausibilities, documentary evidence and the claimant’s demeanour at the hearing.
Findings of fact, and consequently, the determination as to whether a claimant’s evidence is credible, are made on a balance of probabilities, or whether something is more likely than not.

In the context of the applicant’s responsibility to prove facts in support of his/her claim, the term “standard of proof” means the threshold to be met by the applicant in persuading the adjudicator as to the truth of his/her factual assertions.
It is not appropriate to apply the benefit of the doubt where the claimant’s allegations run contrary to generally known facts or the available evidence.
Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees is one of the comprehensible sources members of Immigration and Refugee Board may use in order to determine if a claim for refugee is credible.