Division of Responsibilities Regarding Refugee Protection Claims Made in Canada

January 2006

DIVISION OF RESPONSIBILITIES REGARDING REFUGEE PROTECTION CLAIMS MADE IN CANADA¹
Questions	IRB	CIC or CBSA	FEDERAL COURT
To whom do persons have to apply for refugee protection status?	No	Yes	No
Who decides whether the claims should be sent to the IRB (“referred”)?	No	Yes	No
Who hears and determines refugee protection claims?	Yes	No	No
Apart from the claimant, who can participate in the proceedings before the IRB?	No	Yes	No
If IRB grants refugee protection status, to whom may refugees apply for permanent resident status?	No	Yes	No
If the IRB rejects the refugee protection claim:
1. To whom may failed refugee claimants apply for judicial review?	No	No	Yes
2. To whom may failed refugee claimants apply for their case to be reviewed on humanitarian and Compassionate grounds?	No	Yes	No
3. Who does the Pre-Removal Risk Assessment for failed claimants?	No	Yes	No
4. Who remove failed refugee claimants from Canada?	No	Yes	No

Endnotes

This document is not a legal document. For precise, legal information, please consult the Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, and IRB Rules .