Arriving at a Port of Entry

What to Expect When Arriving

When you arrive at a Canadian port of entry (airport, land border, or seaport), you will go through border clearance. The Canada Border Services Agency (CBSA) examines everyone entering Canada. A claim for refugee protection can be made to the CBSA officer at the port of entry; claims made at a port of entry are handled by CBSA, while claims made later inside Canada are handled by IRCC.

Your arrival will be processed in stages. First, you will present yourself and your documents to a CBSA officer. The officer will ask questions about your travel, your purpose in Canada, and where you plan to go. This is a standard procedure for everyone entering Canada.

A person who fears persecution or danger in their home country can tell the CBSA officer at any point during the examination that they wish to make a claim for refugee protection. Under section 16(1) of the Immigration and Refugee Protection Act (IRPA), a person being examined must answer truthfully all questions put to them for the purpose of the examination and produce the documents the officer reasonably requires.

Initial CBSA Officer Interaction

The CBSA officer's role is to verify your identity and assess whether you have the right to enter Canada. Officers are trained to work with people from many backgrounds and are aware that some travelers may be refugees or asylum seekers.

During your interaction with the officer, you may be:

• Asked about your nationality and why you are traveling to Canada
• Asked whether you have family or friends in Canada
• Asked about your employment or education
• Asked about any criminal history
• Asked about security concerns
• Asked to present your travel documents

IRPA s. 16(1) requires truthful answers to the officer's questions. A person who does not understand English or French can say so and ask for an interpreter. Section 14 of the Canadian Charter of Rights and Freedoms guarantees the assistance of an interpreter to a party in proceedings conducted in a language they do not understand, and CBSA's information sheet for detained persons (BSF5012) confirms that right in immigration proceedings.

Making Your Refugee Claim

A person who fears persecution, torture, a risk to their life or a risk of cruel and unusual treatment in their home country or country of former habitual residence can make a claim for refugee protection at the port of entry. Once the claim is made to the CBSA officer, the officer determines whether the claim is eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRPA s. 100(1)). Under s. 100(1.1) the burden of proving eligibility rests on the claimant.

According to IRCC's page What to expect at the border, the CBSA officer will:

1. Conduct an eligibility interview about the person's background, the reasons for coming to Canada and the dangers faced in the home country
2. Collect original passports and travel documents, which CBSA keeps until a final decision on the claim, and take biometrics (fingerprints for people over 14 and photographs)
3. Apply the eligibility rules in IRPA s. 101, including the Safe Third Country Agreement for people who entered from the United States (see below)
4. If the claim is eligible, issue a Confirmation of Referral and Notice to Appear letter confirming that the claim was sent to the IRB, a Refugee Protection Claimant Document, and instructions for the immigration medical examination

Safe Third Country Agreement. IRCC's border eligibility page states that a claim may be ineligible if the person entered Canada from the United States at an official land border crossing or anywhere along the land border, including rivers, lakes and other waterways, and that a person who crossed between ports of entry is ineligible if the claim is made more than 14 days after entry. The Agreement has four exceptions: having a family member in Canada as defined in the Agreement, being an unaccompanied minor, holding a valid Canadian visa or other listed document, and public interest. There is no list of exempt countries. IRCC's Safe Third Country Agreement page states that the Agreement applies at land border crossings, to people crossing between ports of entry who claim within 14 days, and by train, and at airports only to a person who was refused refugee status in the United States and is in transit through Canada after being deported.

A claim referred at a port of entry is decided by the IRB, not by IRCC. Under section 159.8(2) of the Immigration and Refugee Protection Regulations, a port-of-entry claimant must provide the completed Basis of Claim Form to the RPD within 15 days after the day the claim is referred; the RPD may extend that time for reasons of fairness and natural justice (s. 159.8(3)). If the claim is ineligible, IRCC states that CBSA starts the removal process, and the person may be eligible for a pre-removal risk assessment.

Example Dialogue

Here is an example of a typical conversation at the port of entry. These dialogues show the language such as what you might hear and how people typically respond.

What Happens Next

After you make your refugee claim at the port of entry, several things happen:

Important Tips

• •Truthful answers: IRPA s. 16(1) requires truthful answers at examination. A person who does not understand a question can ask the officer to repeat or explain it.
• •Interpreter: A person who does not speak English or French can say "I need an interpreter" or "Can someone speak [language]?"
• •Keep all documents: The Confirmation of Referral and Notice to Appear letter, the Refugee Protection Claimant Document, the medical examination instructions and any written conditions are all needed later.
• •Legal help: Under IRPA s. 167(1) a person may be represented before the IRB by counsel at their own expense. Legal aid is run by each province and territory, and some cover refugee claims. IRCC's authorized representative page lists who may be paid to represent a claimant.
• •The examination is not optional: Unlike a police interview, an immigration examination carries a legal duty to answer truthfully (IRPA s. 16(1)). Refusing to answer can lead to detention so that the examination can be completed (IRPA s. 55(3)(a)).

Your Rights at the Border

The Canadian Charter of Rights and Freedoms applies to everyone at a Canadian port of entry, including people without travel documents. It provides:

• The right not to be arbitrarily detained or imprisoned (s. 9)
• The right to be secure against unreasonable search or seizure (s. 8)
• On arrest or detention, the right to be informed promptly of the reasons and to retain and instruct counsel without delay (s. 10)
• The assistance of an interpreter in proceedings (s. 14) and equality before the law without discrimination (s. 15)

Under IRPA s. 55(3), a person may be detained on entry if an officer considers it necessary in order to complete the examination or has reasonable grounds to suspect inadmissibility on security, human rights, criminality or organized criminality grounds. IRCC also notes that a person without identity documents may be detained until identity is verified. Under IRPA s. 55(4) the officer must notify the Immigration Division of the IRB without delay.

Detention reviews are automatic, not on request. IRPA s. 57 requires the Immigration Division to review the reasons for detention within 48 hours, again within the following 7 days, and then at least once every 30 days. Under s. 58(1) the Division must order release unless it is satisfied that one of the listed grounds exists, such as danger to the public, being unlikely to appear, or identity not established. The detained person may be represented by counsel at their own expense (s. 167(1)). CBSA's information sheet BSF5012 states that a detained person has the right to counsel, to legal aid if they qualify, to an interpreter and to contact their consulate.

Documentation to Keep

Save all documents you receive from the CBSA or IRCC, including:

• ✓The Confirmation of Referral and Notice to Appear letter issued by CBSA
• ✓The Refugee Protection Claimant Document
• ✓Medical examination instructions, and any notices from the IRB about the Basis of Claim Form or the hearing date
• ✓Any written conditions imposed by CBSA
• ✓Any detention-related documents or detention review information
• ✓Copies of original travel documents. CBSA retains the originals until a final decision on the claim, so a receipt or note of what was seized is useful

Make copies of all documents and keep them in a safe place. If possible, also give copies to a trusted family member or friend.