I Want to Claim Refugee Status in Canada

To be found to be a refugee you must meet the definition of either a Convention refugee or a person in need of protection. You must be unable to return to your country because of the conditions in your country, and you must show that your government is unable to protect you and you are at risk in all parts of your country.

A Convention refugee:

• is someone with a well-founded fear of persecution in their home country based on:
  • race,
  • religion,
  • political opinion,
  • nationality, or
  • membership in a particular social group (such as, women or people of a particular sexual orientation), and
• is unable or unwilling to avail themselves of the protection of their country.

A person in need of protection is someone who faces the following dangers if they returned to their home country or country where they normally live:

• a danger of torture,
• a risk to their life, or
• a risk of cruel and unusual treatment or punishment.

The person must be unable or unwilling to avail themselves of the protection of their country, the risk must be in every part of the country and not faced generally by other individuals, the risk must not be a result of lawful standards that comply with international standards and the risk cannot be caused by the inability of the country to provide adequate medical care.

Refugee claims are decided by the Immigration and Refugee Board of Canada –Refugee Protection Division.

First steps

1. If you cannot afford to hire a lawyer on your own apply for legal aid. See <Legal Services Society> for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your refugee claim must have merit.
2. If you do not qualify for legal aid contact an < immigrant settlement agency> or <Law Students Legal Advice Program > or retain a lawyer or immigration consultant privately.
3. If you are at an airport or at a Canadian border crossing you start your claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim.
4. If you are already in Canada you can go to a Citizenship and Immigration Canada office to start your claim. To find a list of offices see <Citizenship and Immigration Canada>. Before going to Citizenship and Immigration office you should seek legal advice or information. < See where to get legal help>

What happens next

1. You will be asked to fill out an immigration form and will be interviewed by an officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview.

2. You should complete the immigration form and answer questions at your interview carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the form for your records.

3. The immigration officer will decide if are eligible to make a refugee claim. If you are eligible your case will be referred to the Immigration and Refugee Board of Canada and you will be given a Personal Information Form to complete. <Reasons why you might not be eligible.>

4. Complete your Personal Information Form. This is form must be submitted to the Immigration and Refugee Board within 28 days. See <Your Guide to the Refugee Claims Process> for step to step instructions on completing this form.

5. Prepare for your Refugee Hearing. Gather information about your case. It is up to you to convince the Refugee Protection Division that you are at risk if you return to your country. Gather identity documents, police reports, medical records and other information to show your story is true.

6. Attend your refugee hearing. See <Refugee Hearing Preparation Guide> for some useful information on refugee hearings.

7. The Refugee Protection Division will determine whether or not you are a Convention Refugee or a Person in Need of Protection.

8. If you are found not to be a Convention Refugee or Person in Need of Protection you may be eligible to apply for a Pre Removal Risk Assessment or to apply to the Federal Court of Canada to have the decision in your case reviewed. Tips and Notes If you are detained contact <immigration duty counsel> Where to get legal help <Immigrant settlement agencies> <Legal resources> Written resources • Your Guide to the Refugee Claim Process, from the Legal Services Society, explains the process of seeking refugee protection in Canada. It includes straightforward information about how to start a claim in BC, the overall process, how to fill out the forms for each stage, and where to get legal and other help. • Refugee Claims from inside Canada , from Citizenship and Immigration Canada, explains who can apply for refugee status from inside Canada, how to apply, and what happens next. • Immigration and Refugee Law, from MOSAIC, has a major section on refugees. It provides details of the refugee claim process. • LSLAP Manual: Immigration Law, from the UBC Law Students Legal Advice Program, has information about the refugee claim process.

Reasons why a person maybe found ineligible to make a refugee claim. A Claim is ineligible if a 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 inter¬national rights, have committed a serious crime or have been involved in organized crime

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