A refugee claim is a formal request for protection made by a person who is already in Canada or at a Canadian port of entry. The claim is made initially to either to the Immigration, Refugee and Citizenship Canada (IRCC) in Canada, or to the Canada Border Services Agency (CBSA) at the Port of Entry. The claim is then evaluated and decided at the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). The IRB is an independent administrative tribunal that decides who is a Convention refugee or a person in need of protection.
In order to make a refugee claim, a person must demonstrate that they meet the definition of a Convention refugee or a person in need of protection. A Convention refugee is a person who is outside their country of nationality or habitual residence and who is unable or unwilling to return to that country because of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. A person in need of protection is a person in Canada who would be subject to torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if they were returned to their home country.
To proceed to make a claim, a person must complete an application form (Basis of Claim Form) and provide supporting documents. The application form and supporting documents must be submitted to the IRB. The IRB will then review the application, hold a hearing and decide whether the person meets the definition of a Convention refugee or a person in need of protection.
If the IRB decides that the person meets the definition of a Convention refugee or a person in need of protection, the person will be granted refugee protection in Canada. If the IRB decides that the person does not meet the definition of a Convention refugee or a person in need of protection, the person will not be granted refugee protection in Canada, and will subsequently be removed from Canada by a removal order, although negative decisions can be appealed to the Refugee Appeal Division (RAD) of the IRB, and/or judicial reviewed at the Federal Court of Canada.
Making a refugee claim is a serious matter and should not be taken lightly. It is important to seek legal advice before making a refugee claim.
