The process of seeking refugee status involves multiple steps and can be complex. To ensure your application is well-prepared and properly handled, it is advisable to consult with our experts..
It’s important to note that there is no government fee for submitting a refugee claim, and processing times can differ among various visa offices. Refugee claims can be initiated either from within Canada or, if the individual is outside Canada.
Refugee claims made upon entering or while in Canada, specifically at a port of entry, involve several steps. Individuals seeking entry into Canada can apply for refugee status at any port of entry. The officer handling the claim takes two primary actions. Firstly, they issue a removal order, mandating departure from Canada; however, this order is suspended as long as the refugee claim is active and cancels any existing visa.
Secondly, the officer assesses whether the claim is ‘eligible’ for referral to the Immigration and Refugee Board of Canada (IRB) for a hearing. Ineligibility may arise, for example, if the individual has previously made a refugee claim in Canada, has a history of serious criminal convictions, or entered Canada via the United States. The eligibility interview focuses on procedural aspects and does not address the merit of the refugee claim or the officer’s belief in the need for protection.
If admitted into Canada, the officer conducts an interview and completes various immigration documents. It is crucial to mention all immediate family members, including step-children, to ensure their inclusion in the permanent residence application if the refugee claim is accepted. The officer then provides the Basis of Claim form, which must be completed and submitted to the IRB within 15 days.
If an individual is already in Canada and wishes to make a refugee claim, the process occurs at a designated Immigration, Refugees and Citizenship Canada (IRCC) office. To initiate the process, one must obtain an application package in advance from the IRCC website. The application requires detailed information about the applicant’s background, family, and the reasons for seeking refugee protection. All immediate family members, including step-children, should be mentioned to ensure their potential inclusion on the permanent residence application if the refugee claim is approved.
Similar to refugee claims made at the port of entry, the officer receiving the claim at the IRCC office takes two primary actions. Firstly, they issue a removal order mandating departure from Canada, which is suspended as long as the refugee claim is active, and cancels any existing visa. Secondly, the officer assesses the claim’s ‘eligibility’ for referral to the Immigration and Refugee Board (IRB) for a hearing.
The IRB is an independent administrative tribunal responsible for making decisions on immigration and refugee matters.
Source: https://www.legalline.ca/legal-answers/how-to-claim-refugee-status/
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