Claiming for refugee protection in Canada?
One should know that refugee protection in Canada is granted only if you meet the definition of a Convention refugee, which is having a well-founded fear of persecution or if you are a person in requirement of safety. Now safety or protection do have some set parameters under the refugee act such as facing a danger of torture, a risk to life or a risk of cruel and unusual treatment or penalty if you return to your country of nationality.
If you are claiming refugee protection from within Canada, then the procedure will be like this. The Refugee Protection Division of the Immigration and Refugee Board of Canada will be responsible for determining if you are genuinely in the requirement of Canada's protection. But before this step happens, you have to make a claim, and if government find you eligible then only you will be referred to the RPD for determination and once your case gets referred, a decision-maker (known as a “member") at the RPD will study the information you provided, he or she will consider your testimony at a hearing and other associated evidence to decide if you meet the requirements for refugee protection.
How can you get your claim referred?
When you arrive at the Canadian border, you need to speak to an officer at any port of entry or at an inland office after you entre into the Country. The officer whom you will speak with has to be from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). The officer will assess your eligibility for a refugee claim. Only after that it will be referred to RPD. You will be provided with a confirmation of referral and a copy of important information and instructions to follow. Later you will be provided with an NTA called Notice to appear. This notice to Appear is for a hearing which will have details like when and where to appear for your claim to be heard. It is important that you submit documents in order to support your claim.
It is advisable to have an attorney in such cases as there are many legalities and documents which have to be taken care of in a proper way to avoid unnecessary delays or abandonment on your case.
It is important that along with your form you should provide relevant documents to support your claim. Documents could be identity documents, evidence of human rights conditions in your country or any other relevant evidence. Copies of these additional documents and your list of witnesses must be received by the RPD at least 10 days before your hearing.
For complete details on refugee protection in Canada, you can call or email our CPRP team.