Canada’s Refugee Resettlement Targets for 2024 and Beyond Series - Part 2 Navigating Canada’s Refugee Application Process: A Step-by-Step Guide

Applying for refugee status in Canada can be overwhelming, but understanding the process and requirements can make a significant difference. This practical guide is designed to help individuals seeking protection in Canada navigate the refugee application process. It also highlights common challenges and provides tips for a smoother application experience.

1. What is Refugee Protection in Canada?

Canada offers refugee protection to individuals who fear persecution or who would face danger if they were to return to their home country. These dangers may include:

• Torture
• Risk to life
• Risk of cruel and unusual treatment or punishment

If you believe you would face any of these risks, you may be eligible to seek asylum in Canada as a refugee.

2. Are You Eligible to Apply for Refugee Status?

Before applying, it's essential to know whether you meet Canada's eligibility requirements for making a refugee claim.

2.1 Who Can Make a Refugee Claim?

To make a refugee claim, you must:

• Be in Canada: Refugee claims must be made from within Canada.
• Not be subject to a removal order: If you're under a removal order, you may not be eligible to apply.

If you're outside Canada, you may qualify for resettlement as a refugee or immigrate through other Canadian immigration programs.

2.2 Eligibility Criteria

When you make a refugee claim, Canada's immigration authorities will assess whether your case can be referred to the Immigration and Refugee Board of Canada (IRB), an independent tribunal responsible for refugee decisions.

Your claim may not be eligible if:

• You are recognized as a Convention refugee by another country that you can return to.
• You’ve already been granted protected person status in Canada.
• You entered Canada through the Canada–United States border (due to the Safe Third Country Agreement).
• You’ve made a refugee claim in another country, which has been shared through international agreements.
• You are inadmissible to Canada on grounds such as security, criminal activity, or human rights violations.
• You’ve made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn.

2.3 Convention Refugees and Persons in Need of Protection

There are two main categories of refugees:

• Convention Refugees: Individuals outside their home country who are unable to return due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a specific social group (e.g., women, LGBTQ+ individuals).

• Persons in Need of Protection: These individuals are in Canada and cannot return to their home country due to a risk of torture, threats to their life, or cruel and unusual treatment.

You can find more detailed information on the IRB website.

2.4 Safe Third Country Agreement

Canada has an agreement with the United States called the Safe Third Country Agreement (STCA). Under this agreement, individuals seeking asylum must make their refugee claim in the first safe country they arrive in. If you enter Canada from the U.S. at a land port of entry, or cross into Canada between official border crossings and file a refugee claim within 14 days, you will likely be returned to the U.S.

However, exceptions apply in cases where individuals have family in Canada or meet specific humanitarian exemptions.

3. Preparing to Make a Refugee Claim

Before you begin your application, answer the following questions to determine if you're eligible:

1. Are you physically present in Canada?
2. Have you previously made a refugee claim in Canada or another country?
3. Do you have family members in Canada?

These questions help assess your eligibility for refugee protection.

4. The Application Process: What to Expect After You Apply

Once you have determined that you're eligible to apply, you can submit your refugee claim. Here’s what happens next:

4.1 Making Your Claim at a Port of Entry

If you make your refugee claim at a port of entry (e.g., airport or border crossing), a Canada Border Services Agency (CBSA) officer will review your claim. Based on their decision, one of four outcomes will occur:

1. Your claim is eligible: You will receive a notice for a hearing with the IRB. You must complete a medical exam and attend your IRB hearing.
2. The officer schedules an interview: You will need to attend an interview and complete your medical exam before the hearing.
3. You are instructed to complete your claim online: You will be given an application number, a UCI (Unique Client Identifier), and further instructions. It is essential to follow these instructions and complete the process as outlined by CBSA.
4. Your claim is ineligible: If the officer finds your claim ineligible, you will not proceed to the hearing stage.

4.2 Making Your Claim Online

If you apply online, your claim will be reviewed for completeness. You will receive:

• An acknowledgement of claim letter, granting access to the Interim Federal Health Program and other services.
• Instructions to complete your medical exam.
• A letter detailing your in-person appointment, where your eligibility will be assessed.

You must check your email regularly for updates about your application status.

4.3 Attending Your Appointment

At your appointment, you will need to bring your passport or any other identification documents. During this session, the authorities will:

• Review your application.
• Collect your fingerprints and take your photo (biometrics).
• Conduct your eligibility interview to decide whether your claim is valid.
• Provide you with documents about the next steps in your refugee claim process.

If a decision is not made at this appointment, you will be scheduled for an interview, which you are required to attend.

5. What Happens Next?

Once you’ve completed your interview and the IRB hearing is scheduled, you will need to prepare for your case presentation. The outcome of your hearing will determine whether you are granted refugee status.

If your claim is approved, you will receive permanent resident status in Canada. However, if your claim is rejected, you may be eligible to appeal the decision or consider other immigration options, such as humanitarian and compassionate grounds.

6. Additional Resources for Refugee Applicants

Navigating the refugee application process can be stressful. Here are some resources that can provide guidance and support:

• Canadian Council for Refugees (CCR): A non-profit organization that advocates for refugee rights and provides guidance on refugee applications.
• Legal Aid Services: Many provinces in Canada offer legal aid for refugee claimants to help with the application process and provide representation.
• Mental Health Resources: Consider accessing services such as CAMH (Centre for Addiction and Mental Health) for mental health support during the refugee process.

7. Final Recommendations for Refugee Applicants

• Stay Informed: Refugee policies can change, so keep up with the latest updates on the IRB and CBSA websites.
• Document Everything: Ensure you keep copies of all documents provided during the process, including the application number, UCI, and acknowledgement of claim letter.
• Seek Legal Assistance: Consider hiring a refugee lawyer or seeking help from legal aid services to improve your chances of a successful application.
• Prepare for Challenges: Be aware that the process may take time and may involve challenges such as delays or rejections. Mental health support and advocacy groups can be beneficial during this period.

By understanding the steps and requirements for Canada’s refugee application process, you can improve your chances of successfully obtaining protection and starting a new chapter of your life in Canada.