Process for Making a Claim for Refugee Protection
To claim refugee protection, a person must first notify an immigration officer. This can be done at any port of entry to Canada (a border crossing, an airport or a seaport), at a Canada Immigration Centre or at a Canada Border Services Agency (CBSA) office. Any person, who is not a Canadian citizen, can claim refugee protection. The officer will interview the refugee claimant, and if the officer determines that the claim is eligible, the officer will send it to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). If the officer does not make a decision within three working days, the claim will be automatically be sent to the IRB for consideration.
The refugee claimant has the burden of proof. This means that the claimant must show that the claim is eligible for refugee protection. A claim is ineligible if the person:
- has already been granted refugee protection in Canada or in another country
- has previously been refused refugee protection in Canada
- came to Canada from, or through, a designated safe third country where you could have claimed refugee protection, or
- is a security risk, have violated human or international rights, have committed a serious crime or have been involved in organized crime
If the claim is eligible and it is referred to the IRB, the claimant will be given information about the hearing process. This information will include a Personal Information Form (PIF) that he or she must complete within 28 days as well as a Claimant’s Guide that will help in completing the PIF and understanding the process.
Personal Information Form (PIF) - Do's and Don'ts
- After reading the Claimant’s Guide that was included in the PIF kit, claimants must fill out and hand in the Personal Information Form on time - within 28 days of receiving it from Citizenship and Immigration Canada (CIC) or the CBSA. (The 28 days includes the time it takes to mail or otherwise deliver the PIF.)
- Parents must complete and sign a PIF for each child with them (under 18 years of age). Some parts of the PIF will not apply to children aged six and under.
- Usually, the IRB will appoint the parent who signs the PIF as the child's designated representative. This parent will be responsible for making decisions regarding the claim on the child's behalf.
- If the child is travelling alone, the IRB will appoint a designated representative. The designated representative will complete and sign the child's PIF.
- Claimants must fill out the PIF in either English or French. If necessary, work with a translator to ensure that the information is accurate and clear. More information in regards to official languages can be found in the Claimant’s Guide.
- Claimants should tell the whole story. They should not leave out any details. If the question does not apply, the claimant should write "N/A" for "not applicable".
- Each claimant must complete and sign his or her own PIF. If someone helped the claimant complete the PIF, the claimant should not sign the form until satisfied that the information is complete, true and correct.
Once the PIF is received, the IRB then reviews each claim to determine the fairest and most efficient way to come to a decision about it. The IRB considers many factors, including the country the claim is made against and the nature of the claim itself. The IRB then assigns the claim to one of three possible ways to decide the claim:
- a fast-track expedited process
- a fast-track hearing
- a full hearing
The fast-track expedited process is used for claims from certain countries or for certain types of claims. The categories of claims change from time to time, for example, depending on country conditions. In the expedited process, an IRB employee called a refugee protection officer (RPO) interviews the claimant. The RPO then makes a recommendation about the claim. If the recommendation is favourable, the claim is forwarded to a member (decision-maker) who will decide if it should be accepted without a hearing. A full hearing is held if the claimant is not granted refugee protection through the expedited process.
Fast-track hearings are held for claims that appear to be simple because they may be decided on the basis of one or two issues. A RPO does not attend these hearings.
Full hearings are held for claims that involve more than two issues and may be complex. Full hearings follow the IRB tribunal process. In a limited number of cases, Minister's counsel participates in the hearing to argue against the claim on behalf of CIC. A RPO may assist the member to ensure that all relevant evidence is presented. Representatives of the United Nations High Commissioner for Refugees (UNHCR) may observe the hearing.
All three processes are non-adversarial. This means that the member or the RPO will ask the claimant questions about the facts supporting the claim in order to establish the truth of the story. No one argues against the claim. The refugee process is also usually private, so unlike other IRB processes, media or members of the public may not attend or report on the proceedings.
The IRB will send the claimant a letter with a date, time and place to appear and if the claimant does not appear, the IRB will assume that the claim has been abandoned, or dropped. If it is impossible to make the scheduled time for a serious reason, such as illness, the IRB must be contacted right away. A new time may be scheduled.
If the IRB determines that the claimant is entitled to refugee protection in Canada, the person may apply to CIC to become a permanent resident.
If the IRB determines that the claimant is not a Convention refugee or person in need of protection, he or she may ask the Federal Court of Canada for leave, or permission, for judicial review of the IRB decision. If permission is granted and the judicial review is allowed, the claim is returned to the RPD for re-hearing. Minister's counsel may also apply for leave, or permission, for a judicial review of any IRB decision. Unsuccessful claimants may have other options, such as requesting a pre-removal risk assessment from CIC.
