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Refugee Claims Process
A claim for refugee protection can be made either at a port of entry with the CBSA or at an inland office of the CIC. CBSA officer or CIC officer will determine whether the person making the claim is eligible for referral to Refugee Protection Division of the Immigration and Refugee Board. (IRB).
The claims are ineligible for referral to IRB if the person
If the CBSA officer determines that the claim is found eligible the person will be given
When a claim is made at an inland office the person making the claim is given a BOC form for completion and bring it back at time given for the eligibility interview. If the officer find that the claim is eligible the person is given
Date for the refugee hearing has to be fixed within 60 days from the date of referral of the claim to IRB for the claimants other than the claimants from Designated Country Of Origin (DCO). The hearing date for claims of persons from DCO countries will take place within 45 days.
At the conclusion of the hearing the refugee protection Division of the IRB will determine whether the claimant is eligible for convention refugee status or whether he is a person in need of protection. Once the person has been recognized as a convention refugee or a person in need of protection such person is eligible to receive permanent residence status.
If the claim is rejected the IRB will issue a removal order against the claimant.
The success of your claim for refugee protection will depend on the evidence given by you and the evidence given by the witnesses for you, the documentary evidence, oral and written submission of the counsel retained by you for the hearing. The manner in which the hearing is conducted is also of utmost importance.
It is therefore important for you to retain an immigration consultant or a lawyer when making a refugee claim. The involvement of the immigration consultant or a lawyer right from the beginning of the process would result in his being able to make a best possible claim in your circumstances.
If you require us to represent you in connection with a refugee claim please call us or send an e mail to info@lancanimmigration.com
The claims are ineligible for referral to IRB if the person
- has made a previous claim in Canada that was rejected by the IRB
- has made a previous claim that was found t be ineligible to refer to IRB
- has abandoned or withdrawn a previous refugee claim
- has got refugee status in another country
- is barred under the Safe Third Country Agreement
- inadmissible on security or certain criminality grounds.
If the CBSA officer determines that the claim is found eligible the person will be given
- a refugee claimant identity document which, includes the Interim Federal Health Programme
- date for a refugee determination hearing at the IRB
- a Basis Of Claim (BOC) form to be completed in 15 days
- a conditional removal order
When a claim is made at an inland office the person making the claim is given a BOC form for completion and bring it back at time given for the eligibility interview. If the officer find that the claim is eligible the person is given
- a refugee claimant identity document which includes the Interim Federal Health Programme
- date for a refugee hearing at the Immigration and Refugee Board
- a conditional removal order
Date for the refugee hearing has to be fixed within 60 days from the date of referral of the claim to IRB for the claimants other than the claimants from Designated Country Of Origin (DCO). The hearing date for claims of persons from DCO countries will take place within 45 days.
At the conclusion of the hearing the refugee protection Division of the IRB will determine whether the claimant is eligible for convention refugee status or whether he is a person in need of protection. Once the person has been recognized as a convention refugee or a person in need of protection such person is eligible to receive permanent residence status.
If the claim is rejected the IRB will issue a removal order against the claimant.
The success of your claim for refugee protection will depend on the evidence given by you and the evidence given by the witnesses for you, the documentary evidence, oral and written submission of the counsel retained by you for the hearing. The manner in which the hearing is conducted is also of utmost importance.
It is therefore important for you to retain an immigration consultant or a lawyer when making a refugee claim. The involvement of the immigration consultant or a lawyer right from the beginning of the process would result in his being able to make a best possible claim in your circumstances.
If you require us to represent you in connection with a refugee claim please call us or send an e mail to info@lancanimmigration.com