REFUGEE STATUS
Canada provides refugee protection to individuals within the country who fear persecution or would face significant risks if required to leave. These risks may include:
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Torture,
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Threats to their life,
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Risk of cruel or unusual treatment or punishment.
If you believe you may encounter any of these dangers upon returning to your home country or country of habitual residence, you may be eligible to seek refugee protection in Canada.
Who Can Make A Refugee Claim
To make a refugee claim, you
Must be in Canada
Can’t be subject to a removal order
If you’re outside Canada, you may be eligible to
Resettle in Canada as refugee
Immigrate to Canada through any one of the immigration programs offered by the Canada government.
ELIGIBILITY CRITERIA
Immigration and Refugee Board of Canada (IRB) is an independent tribunal that makes decisions on immigration and refugee matters. If you make a refugee claim, IRCC will decide if it can be referred to the IRB. The IRB decides who 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’re not able to return because of a well-founded fear of persecution based on
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Race
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Religion
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Political opinion
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Nationality
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Being part of a social group, such as women or people of a particular sexual orientation
A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face
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Danger of torture
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Risk to their life
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Risk of cruel and unusual treatment or punishment
A refugee claim may not be eligible to be referred to the IRB if the person
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Is recognized as a Convention refugee by another country that they can return to
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Has been Granted protected person status in Canada
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Has arrived via the Canada–United States border
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Has made a refugee claim in another country, as confirmed through information-sharing
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Are not admissible to Canada on security grounds or because of criminal activity or human rights violations
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Has made a previous refugee claim that was not found eligible
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Has made a previous refugee claim that was rejected by the IRB
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Has abandoned or withdrew a previous refugee claim
HOW TO APPLY
You must be in Canada to make your refugee claim. You can make your claim in one of the following ways:
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In person (when you arrive in Canada at a port of entry)
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Online (when you’re already in Canada)
The information you share in your claim will be related to
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Your background
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Your family -
Why you want to make a refugee claim
Note: When you make your claim, you can request a work permit at the same time.
01
Make A Claim
If you make your claim at a port of entry
When you make a claim at a port of entry, your next steps will depend on what the Border Services Agency (CBSA) officer decides to do after reviewing your claim.
1. The CBSA officer decides your claim is eligible
You’ll receive a notice from the Immigration and Refugee Board of Canada (IRB) about a hearing. You must:
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Complete your medical exam, and
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Go to your hearing with the IRB
2. The officer schedules you for an interview. You must
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Complete your medical exam, and
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Go to your scheduled interview
3. The officer tells you to complete your claim online. You must
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Complete your claim online, and
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Complete your medical exam
4. The officer decides your claim is not eligible
If you submit your claim online
After you submit your claim online, and if it’s complete. You will receive:
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An acknowledgement of claim letter
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Instructions to complete your medical exam
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A letter with details about an in-person appointment
02
Go To Your Appointment
Carry your original passport or any other identification documents you have to your appointment. During an appointment, the officer will:
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Review your Application
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Collect Biometrics and Photos
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Conduct your eligibility interview to decide if your claim is eligible
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Give you documents about next steps
03
Go To Your Interview
During your interview IRCC will decide if your claim is eligible, and refer it to the Immigration and Refugee Board of Canada (IRB).
After the interview, IRCC will give a refugee protection claimant document that matches the decision about your claim.
If your claim is eligible, IRCC will also give a confirmation of the referral letter that confirms IRCC referred the claim to the IRB. These documents will help to:
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Prove you are a refugee claimant in Canada
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Get access to the Interim Federal Health Program and other services in Canada
04
If Your Claim Is Eligible
Go to your hearing
If the claim is referred to the IRB, the IRB will send a notice to appear for a hearing. This notice will tell
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Where to go for the hearing
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When to get there
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When it starts
After the hearing, the IRB will approve or refuse the refugee claim.
Note: If your claim is ineligible, your claim won’t be referred to the IRB and you’ll be issued an enforceable removal order to leave Canada.
