I Want to Claim Refugee Status in Canada

You can make a refugee claim at a Canadian border or airport, or from within 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. Convention refugees are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution". This means they have a good reason to believe they are in danger and that the authorities in their country will not or cannot protect them. They may fear that they will be harmed because of their:

• race,
• religion,
• political opinion,
• nationality, or
• membership in a particular social group (such as women or people of a particular sexual orientation).

Persons in need of protection are people who, if returned to their home country or country where they normally live, would face:

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

To prove that you are a person at risk if returned to your country, you must show all of the following:

• you are not able to get state protection from your country,
• the risk is specific towards you or your family,
• you face the risk in every part of your country,
• the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
• the risk is not lack of 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 a lawyer on your own, apply for legal aid. See Legal Aid Representation in the Resource Guide 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 (see the Legal Services Society publication "Your Guide to the Refugee Claim Process" for a listing of agencies). Other options include contacting the Law Students Legal Advice Program or retaining 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>

If you make a refugee claim at the airport or at the border, you will be interviewed by the Canada Border Services Agency. If you make a refugee claim from within Canada, you will be interviewed by Citizenship and Immigration Canada.

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

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, (1) a lawyer's advice to their client, (2) a lawyer's analysis of a legal problem, or (3) the views of an expert on an issue in an action. See "expert evidence" and "opinion evidence."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.