Refugee Application | Hearings

TWA is one of the best immigration consulting firms in Vancouver, BC that practice in Canadian immigration law specifically in the refugee claim application and hearing process.

We represent our clients before the Immigration and Refugee Board of Canada, Canadian Border Services Agency, Citizenship and Immigration Canada and Pre-removal Risk Assessment officers. If you are a refugee claimant, you may contact us by phone, e-mail, fax or through this website.

Below is an overview of refugee protection procedures in Canada.

Refugee status is governed by the 1951 Convention and the 1967 Protocol relating to the status of Refugees. Both the 1951 Convention and the 1967 Protocol provide for co-operation between the contracting states and the office of the UN High Commissioner for refugees. This cooperation extends to the determination of the refugee status, in accordance with arrangements made by various Contracting States. The pattern of international action on behalf of refugees was established by the League of Nations followed by the adoption of a number of international agreements.

In Canada the Immigration and Refugee Protection Act/Regulations provide the definition of a “refugee” and the procedure to be followed by the Refugee Protection Division and other authorities in determination of refugee status of a claimant.

Refugee Hearings

Refugees are persons who fear for their lives or safety in their home country, where the authorities of their home country are unable or unwilling to provide them with effective protection. Canada has a long-standing humanitarian tradition of providing surrogate protection to refugees. Refugee status may be applied for by people entering Canada, for example at an airport, or by people who are already in Canada. Successful refugee applicants may apply for permanent residence in Canada.

A person who claims refugee protection in Canada may present their case on one or more of three bases for refugee protection: (1) that they face a risk of persecution in their home country for reasons of their race, religion, nationality, membership in a particular social group, or political opinion, (2) that they face a risk of torture in their home country, (3) that they face a risk to their life or of cruel and unusual treatment or punishment in their home country.

The process of claiming refugee status in Canada begins by making a refugee claim either upon entry into Canada or at a later date after already entering Canada. Claimants will be provided with an opportunity to attend a hearing at the Refugee Protection Division of the Immigration and Refugee Board where they will personally present their case to a Board Member who will decide whether or not to grant them refugee protection.

A refugee claimant who is found to be in need of refugee protection in Canada may apply for permanent residence so they can remain in Canada permanently. If a refugee claim is refused an appeal may be made to the Federal Court.

Process for Claiming Refugee Protection

In order to claim refugee protection, one must first notify an immigration officer. This can be done at any port of entry to Canada, at a Canada Immigration Centre or at a Canada Border Services Agency office. Anyone who is not a Canadian citizen may claim refugee protection. The immigration officer will interview the refugee claimant. If the officer determines that the claim is eligible, the officer will send the claim to the Refugee Protection Division of the Immigration and Refugee Board of Canada. If a decision is not made by the officer within three working days, the claim will be automatically sent to the Immigration and Refugee Board for consideration.

The refugee claimant has the burden of proof. The claimant must show that their claim is eligible for refugee protection. A claim is ineligible if:

• the claimant has previously been refused refugee protection in Canada
• the claimant has previously been granted refugee protection in Canada or another country
• the claimant came to Canada through or from a designated safe third country where they could have claimed refugee protection, or
• the claimant is a security risk, has committed a serious crime, has violated human or international rights or has been involved in organized crime.

If the claim is eligible and it is referred to the Immigration and Refugee Board, the claimant will be given information regarding the refugee hearing process. This information will include a Personal Information Form that must be completed within 28 days.

Reviewal and Hearing Procedure

Once the Personal Information Form is received, the Immigration and Refugee Board reviews each claim in order to determine the most efficient and fairest way in order to reach a decision. The Immigration and Refugee Board considers several factors including the country the claim is made against as well as the nature of the claim. The claim is then assigned to one of three possible ways in order to make a decision:

• Fast-track expedited process: for claims from certain countries or for certain claim types. In this process, a refugee protection officer from the Immigration and Refugee Board interviews the claimant. The officer then makes a recommendation regarding the claim. If the recommendation is favourable, the claim is then forwarded to a decision-maker who will decide if it should be accepted without a hearing. A full hearing is then held if the claimant is not granted refugee protection through this expedited process.

• Fast-track hearing: for claims that appear to be simple because they can be decided on the basis of one or two issues. A refugee protection officer does not attend this type of hearing.

• Full hearing: for claims that may be complex and involve more than two issues. Full hearings follow the Immigration and Refugee Board tribunal process. A refugee protection officer may assist the member in order to ensure that all relevant evidence is presented. Representatives from the United Nations High Commissioner for Refugees may observe the hearing.