Question 1

What is the difference between a Convention refugee and a person in need of protection?

Accepted Answer

A Convention refugee is someone who meets the definition in the UN Convention Relating to the Status of Refugees: a person who is outside their country and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. A person in need of protection is someone who would face a substantial personal risk of death, torture, or cruel and unusual punishment if returned to their country. These are two of three possible grounds for refugee protection under the Immigration and Refugee Protection Act (IRPA).

Question 2

When can a refugee claim be made at a port of entry?

Accepted Answer

A refugee claim may be made at any official port of entry to Canada (airport, land border, seaport, or inland office). The claim must be made to an immigration officer before or upon arrival in Canada. If a person is intercepted at the border before reaching an official port of entry, they may not be able to make a claim at that point but can do so once they reach an official location. Claims made at a port of entry are assessed through the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).

Question 3

What documents should be prepared for a refugee claim?

Accepted Answer

Documents that may support a refugee claim include: passport or travel documents, identity documents, police records or court documents from the home country, documentation of persecution or threats, medical or psychological assessments, photographs, country of origin information, letters of support from family or organizations, and any government documents relevant to the claim. Not all documents may be available, and a claim may proceed without them if the applicant provides credible testimony. Legal representation may assist in gathering and presenting documents effectively.

Question 4

What is the Basis of Claim (BOC) form?

Accepted Answer

The Basis of Claim form is the primary document submitted with a refugee claim. It outlines the applicant's identity, personal history, reasons for fearing persecution or serious harm, and how the applicant meets one of the three grounds for protection under IRPA. The form provides detailed narrative of events and circumstances leading to the need for protection. Completing this form thoroughly and accurately is critical, as it forms the foundation of the refugee claim and is examined in detail at the hearing.

Question 5

What happens at an Immigration and Refugee Board (IRB) hearing?

Accepted Answer

At an IRB hearing, an applicant presents their case to a member (judge) of the Refugee Protection Division. The applicant provides testimony, answers questions from the member, and may present witnesses or evidence. The applicant's representative, if present, may also question the applicant and examine witnesses. An officer representing the Canada Border Services Agency (CBSA) may present arguments and examine the applicant. The member may also question both parties. After hearing all evidence and arguments, the member issues a written decision granting or refusing protection.

Question 6

What evidence can be presented at an IRB hearing?

Accepted Answer

Evidence may include: testimony from the applicant and witnesses, documents (identity papers, country information, medical reports, police records), photographs, videos, letters, affidavits from people who cannot attend, expert reports on country conditions or medical matters, and other physical evidence. The IRB rules allow considerable flexibility in what evidence may be presented. However, all evidence must be relevant to whether the applicant meets a ground for protection. Legal representation may advise on what evidence is most persuasive and how to present it effectively.

Question 7

Is legal representation required for an IRB hearing?

Accepted Answer

Legal representation is not required by law, but it is strongly recommended. Applicants have the right to represent themselves, but doing so is challenging. A representative (lawyer or licensed immigration consultant) may help prepare the Basis of Claim, gather evidence, examine witnesses, cross-examine the CBSA officer, and present legal arguments. Some immigration consultants and lawyer associations offer services at reduced cost, and some organizations provide pro bono representation to eligible applicants.

Question 8

How long does the IRB hearing process take?

Accepted Answer

The timeline varies. A hearing before a single member may be scheduled within several months of the claim being made, depending on the location and current workload. The hearing itself typically lasts from several hours to one day. The member may issue a decision immediately after the hearing or may reserve decision and issue a written ruling weeks or months later. The entire process from claim to final IRB decision typically takes 6-18 months, though some cases move faster and others may take longer.

Question 9

What is a Pre-Removal Risk Assessment (PRRA)?

Accepted Answer

A Pre-Removal Risk Assessment is an application made after a refugee claim has been refused. It allows an applicant to present new evidence that was not available or not presented at the IRB hearing, or to argue that circumstances have changed since the hearing. A PRRA officer reviews the application to determine whether the applicant would face a substantial personal risk of torture, death, or cruel and unusual punishment if returned to their country. A positive PRRA does not grant refugee status but provides an alternative route to protection as a "protected person."

Question 10

What is an application to the Refugee Appeal Division (RAD)?

Accepted Answer

The Refugee Appeal Division is a level of appeal after a refugee claim is refused by the Refugee Protection Division. An appeal may be made on certain grounds, including errors in law, errors in fact-finding, or unreasonableness of the decision. The RAD reviews the record from the original hearing and may order a new hearing or issue a new decision. Not all grounds support an appeal; the RAD focuses on whether the original decision contained significant errors. Time limits apply for filing an appeal, and the application must meet specific requirements.

Question 11

What is judicial review?

Accepted Answer

Judicial review is an application to the Federal Court after an appeal to the Refugee Appeal Division has been decided or where an appeal is not available. The court reviews whether a decision was made following the rules of natural justice and whether the decision-maker had the authority to make the decision. Judicial review does not examine whether the decision was correct on the facts but whether the process was fair and legal. Time limits and strict procedural requirements apply, and legal representation is highly recommended.

Question 12

What happens if a removal order is issued?

Accepted Answer

A removal order is an official decision that a person must leave Canada within a specified period (often 30 days). Options after a removal order include: applying for a stay of removal (which pauses the order while another application is pending), applying for a PRRA if no PRRA has been made, appealing to the RAD if the conditions allow, or requesting judicial review. If a stay is granted, the removal order is suspended. If no application for review is made or if all applications are unsuccessful, the person may be deported, and they would have difficulty returning to Canada.

Question 13

Why might a person be detained upon arrival in Canada?

Accepted Answer

A person may be detained at a port of entry or during processing for several reasons: identity is unclear or cannot be verified, there is a flight risk (concern the person will not appear for proceedings), there are security or criminal concerns, or the person poses a danger to public safety. Detention must be justified and reviewable. A person who is detained has the right to know the reasons for detention, the right to speak to a legal representative, and the right to a detention review within 72 hours (or earlier in some cases).

Question 14

What is a detention review?

Accepted Answer

A detention review is a hearing before a member of the Immigration Division of the IRB to determine whether a person should continue to be detained or be released. The review examines whether detention remains necessary based on identity, flight risk, security, and public safety concerns. Detention reviews are held at set intervals (72 hours for the first review, then 30 days, then 60 days). At each review, the onus shifts: initially the Crown must justify detention, but after the first review, the applicant must show they should be released. Conditions of release (such as reporting requirements) may be imposed.

Question 15

Can a person be removed to a country where they face persecution?

Accepted Answer

No. Canada is bound by the principle of non-refoulement, which prohibits returning a person to a country where they would face torture, death, or persecution. This principle is established in international law and in the Canadian Charter of Rights and Freedoms. If a person can demonstrate that they would face such risks, a removal order cannot be carried out. This is one reason why PRRA applications and appeals are important: they provide opportunities to present evidence of such risks even after a refugee claim is refused.

Question 16

What are the long-term consequences of a removal order?

Accepted Answer

A removal order makes it difficult to return to Canada. If a person is deported, they may not be allowed to return for years or may require special permission to do so. A removal order also may affect the person's ability to sponsor family members or to obtain Canadian citizenship in the future. Additionally, being removed from Canada may affect the person's legal status in other countries. For these reasons, it is important to pursue all available legal remedies (PRRA, appeal, judicial review) before removal occurs.

Question 17

What is the Interim Federal Health Program (IFHP)?

Accepted Answer

The Interim Federal Health Program is the federal government's healthcare plan for people who do not have access to provincial or private health insurance. It covers basic healthcare for refugees, protected persons, asylum seekers, and other eligible groups while their claims are being processed. IFHP covers physician services, hospital services, prescription medications, dental care for pain relief, vision care, and mental health services. Coverage is limited to basic and essential healthcare; it does not cover all private insurance benefits.

Question 18

Who is eligible for the Interim Federal Health Program?

Accepted Answer

Eligible groups include refugees and protected persons recognized by Canada, asylum claimants (people who have made a refugee claim but have not yet received a decision), resettled refugees, vulnerable persons (families with dependent children, seniors, persons with disabilities, pregnant women, and victims of torture), and some other specific groups. Eligibility may be confirmed by contacting the Department of Immigration, Refugees and Citizenship Canada (IRCC) or a local settlement agency. Eligibility changes when immigration status changes (such as when a refugee claim is decided).

Question 19

How do I access healthcare under IFHP?

Accepted Answer

An IFHP card or letter of eligibility is issued to eligible persons. A person may bring this card or letter to a healthcare provider (doctor, dentist, pharmacist, hospital) to receive covered services. The provider submits a claim to IFHP for payment. If a person does not have a card, they may contact a local IFHP office or Service Canada office to apply for one. Some provinces have provincial health services for certain groups, and a person may be eligible for both provincial coverage and IFHP, depending on the situation.

Question 20

What happens to IFHP coverage if a refugee claim is refused?

Accepted Answer

If a refugee claim is refused and no appeal or other application is pending, IFHP coverage typically ends. However, IFHP coverage may continue if an appeal or other application (such as a PRRA) is being processed and has not yet been decided. The person should contact IFHP or IRCC to confirm their eligibility status. A person whose coverage ends may be able to access provincial health insurance or other government programs, depending on the province and the person's immigration status at that time.

Question 21

Can a refugee claimant work in Canada?

Accepted Answer

Yes. A person who has made a refugee claim may apply for an Open Work Permit (OWP) if their claim has been pending for more than 4 months and no decision has been made. An OWP allows the person to work for any employer in Canada without a specific job offer. The person must apply to IRCC, and processing times vary. Some asylum claimants may also be eligible to work without a permit under temporary regulations, depending on their situation. Working is beneficial: it provides income and demonstrates establishment in Canada, which may be relevant at the IRB hearing.

Question 22

Can a refugee claimant attend school or university?

Accepted Answer

Yes. Refugee claimants have the right to attend school. Public primary and secondary education is generally available to school-aged children regardless of immigration status. Post-secondary education (university, college) is available, though tuition fees may be higher for international students or undocumented persons. Some provinces offer programs specifically for asylum seekers or refugees. A person should contact their provincial ministry of education or local school board for information about enrollment. Attending school demonstrates commitment to settlement in Canada.

Question 23

Can professional credentials from outside Canada be recognized?

Accepted Answer

Professional credentials from outside Canada (medical degrees, law degrees, engineering credentials, etc.) must be assessed and recognized by the relevant provincial regulatory body or professional association in Canada. Each profession has its own assessment process, and requirements vary by profession and province. Some assessments are quick; others may require additional training, licensing exams, or apprenticeships. Many settlement agencies and professional associations offer information about credential assessment. This process may take time, but pursuing credential recognition can improve employment prospects.

Question 24

What settlement programs and language services are available?

Accepted Answer

Canada's provinces offer settlement programs that may include language instruction (English or French), job training and placement assistance, information about Canadian laws and customs, and help accessing healthcare and social services. Refugee and immigrant settlement agencies (such as settlement councils) offer support tailored to newcomers. Language instruction may be provided at no cost or low cost to eligible persons. A person may find information about local settlement services through provincial websites, IRCC, or local immigrant-serving organizations. Accessing these services early can improve the transition to life in Canada.

Question 25

Can a refugee sponsor family members to come to Canada?

Accepted Answer

Yes. Once a person is recognized as a refugee or protected person, they may be able to sponsor family members to come to Canada through the sponsorship program. The person must meet income requirements and provide proof of their status. Eligible family members typically include spouses, dependent children, parents, and grandparents, depending on the program and current regulations. The process may take a year or more. Depending on the family situation, family members may also apply independently as refugees or through other immigration programs. IRCC provides detailed information about sponsorship requirements.

Question 26

What is the family information form used for in refugee claims?

Accepted Answer

The family information form (often called IMM 5406) is used to report the names, dates of birth, and locations of family members to IRCC. This form helps IRCC track family relationships and may be relevant if family members later apply for immigration benefits, such as sponsorship or dependent claims. The form must be completed accurately, as false information may affect future applications. If a person's family situation is complex or if some family members are separated, a legal representative can advise on how to complete the form appropriately.

Question 27

What social benefits are available to refugees and protected persons?

Accepted Answer

Refugees and protected persons may be eligible for various social benefits, including: income assistance (welfare or social support), child benefits, housing assistance, and disability benefits. Eligibility depends on the province and the person's immigration status. A person who has received a positive refugee decision is generally eligible for benefits equivalent to Canadian citizens (except for certain federal programs). A person whose claim is pending may be eligible for limited benefits, depending on the province. A settlement agency or social services office can provide information about specific benefits available.

Question 28

When can a refugee apply for Canadian citizenship?

Accepted Answer

A refugee who has been recognized as a refugee or protected person may apply for Canadian citizenship after meeting residency and other requirements. Generally, a person must have been a permanent resident for at least 3 years (with at least 1,095 days of physical presence in Canada) in the 5 years before applying, must demonstrate knowledge of English or French and Canadian civics (with some exceptions), and must pass a security and criminal background check. Processing times vary, but the timeline from refugee protection to citizenship is typically 3-5 years. A person should begin the residency calculation on the date they became a permanent resident.

Question 29

What is the difference between a lawyer and an immigration consultant?

Accepted Answer

A lawyer has a law degree, is licensed by a law society, and is bound by professional ethics rules and legal privileges. A licensed immigration consultant (also called a Regulated Canadian Immigration Consultant, or RCIC) is licensed by Immigration Consultants of Canada Regulatory Council (ICCRC) and must follow professional standards but is not a lawyer. Both may represent clients at the IRB. A lawyer may provide a broader range of legal services and is subject to lawyer-client privilege. An RCIC may be more affordable. When choosing a representative, it is important to verify their license (ask for license number) and to understand their fees in advance.

Question 30

How do I find affordable legal representation?

Accepted Answer

Several options may provide affordable or free legal representation: legal aid clinics funded by provincial governments, law school legal clinics where law students provide representation under supervision, nonprofit organizations specializing in immigration law, bar associations' lawyer referral services (which may connect you to lawyers offering reduced rates or pro bono work), and contingency or payment plan arrangements with some private lawyers. It is important to confirm the representative's qualifications, understand fees and payment terms in writing, and feel comfortable discussing your case with them. Seeking representation early, before the IRB hearing, allows more time to prepare.

Question 31

What should I ask a prospective legal representative?

Accepted Answer

When meeting with a prospective representative, ask: Are you licensed? (request license number and verification), What is your experience with refugee claims and IRB hearings? What is your fee structure? (hourly rate, fixed fee, contingency? What is included/not included?), Will you handle all aspects of the case or refer parts to others? What is your timeline and communication plan? Do you have references from past clients? What are your qualifications and background? A person should understand the answers and feel confident in the representative's competence and trustworthiness before retaining them.

Question 32

What role does a representative play at an IRB hearing?

Accepted Answer

At an IRB hearing, a representative may: help prepare the applicant's testimony and ensure the applicant understands the process, question the applicant (to elicit favorable testimony), examine witnesses, cross-examine the CBSA officer's evidence, present legal arguments about refugee law, raise procedural issues, and submit written arguments after the hearing. A representative advocates for the applicant's case and helps ensure that the applicant's evidence and arguments are presented effectively. Having a representative significantly increases the likelihood of a successful outcome, as they understand refugee law, IRB procedure, and how to present a persuasive case.

Frequently Asked Questions

Didn't find your answer?