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Foreign Nationals can make an asylum claim (claim refugee protection) at a Port of Entry, at a Canada Border Services Agency or Immigration, Refugee and Citizenship Canada Inland Offices. The Canada Border Services Agency and the Immigration, Refugee and Citizenship Canada will determine if the person concerned is eligible to make a refugee claim.
In Canada Refugee claims are determined by a panel member from the Immigration Refugee Board at the Refugee Protection Division.
The Immigration and Refugee Board of Canada – IRB has a very good video explaining how the process works:
Your claim might not be eligible to be referred to the Immigration Refugee Board if you:
Under The Safe Third Country Agreement, refugee claimants are required to request refugee protection in the first safe country they arrive in, unless they qualify for an exception to the Agreement. This means that foreign nationals who are in the United States must claim protection in the United States of America, unless one of the exceptions applies to them.
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
There are four types of exceptions to the Safe Third Country Agreement being applicable to refugee claimants claiming protection in Canada provided they are eligible:
THE PROCESS
The process usually starts with the individual requesting protection to a border services or immigration officer. This will require the person concerned to complete a series of forms and an interview. If the person is determined to be eligible to make a claim his case is referred to the Refugee Protection Division – Immigration Refugee Board and a hearing is scheduled. A decision will be rendered after the hearing.
The Refugee Protection will determine if the person concerned is a Convention refugee or a person in need of protection.
Convention refugees are outside their home country or the country they normally live in. They are not able to return because of a well-founded fear of persecution based on:
A person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to a:
IF you are contemplating seeking refugee protection, contact one of our lawyers today.
