Refugee Protection in Canada
There are two means by which Canada provides protection to refugees. Inland Claims are made when refugees flee directly to Canada and claim refugee status here. Refugees are also selected overseas (in a refugee camp or temporary country of refuge) by the Canadian government.
For more information about the Canadian Refugee System, click here to go to the Government of Canada website.
Inland Refugee Claims
A refugee can claim Canada's protection at a border point (eg. at an airport or border crossing) or from within Canada.
An officer of Citizenship and Immigration Canada (CIC) determines whether or not the claim is eligible to be heard by the Immigration and Refugee Board. A claim is not eligible to be heard if the person:
- has already been recognized as a Convention refugee by another country
- has already been rejected as a refugee by Canada, or has withdrawn or abandoned a previous claim in Canada
- came to Canada from or through a designated "safe third country" where refugee protection could have been claimed
- is deemed "inadmissible" because of serious criminality or security concerns, or the person is a violator of human rights.
Hearing before the IRB:
A refugee claimant may undergo an expedited process or a full hearing. If a claim appears to be very well-founded, it may be accepted under an expedited process; or if not, it proceeds to a full hearing.
In a full hearing, a claim is heard before a single IRB Member. Every claimant has the right to be represented by legal counsel, although legal aid is not available in all parts of Canada. An interpreter is provided by the IRB where necessary.
The IRB Member can render his/her decision orally at the end of the hearing or send it in writing later by mail. If the decision is negative, it must include the reasons in writing. If the decision is positive, written reasons are not given and the refugee claimant is given the status of "protected person".
No Right to Appeal an IRB Decision
There is no appeal of a negative IRB decision. Although the new Immigration and Refugee Protection Act does contain a Refugee Appeal Division, its creation has been delayed indefinitely by the Minister of Citizenship and Immigration Canada.
It is possible to request that the Federal Court conduct a "judicial review" of the negative IRB decision. However, this review is restricted to very serious legal errors and a lawyer is needed to prepare and argue the judicial review. The success rate for cases judicially reviewed is very low.
After Determination
A person who has "protected person" status can apply to be a Permanent Resident (also known as "landed immigrant status"). Applicants are charged a processing fee and must produce a "satisfactory identity document" in order to receive Permanent Residence status.
Pre Removal Risk Assessment
A claimant who is found not to be a "protected person" faces removal from Canada. Immediately prior to the removal the Immigration Department conducts a risk assessment to review conditions in the country to which the claimant will be returned.
Humanitarian and Compassionate Review
The only other recourse for an unsuccessful refugee claimant is to apply to Immigration Canada for permission to stay on humanitarian and compassionate grounds. This can be an expensive process (after paying processing and legal fees) and is rarely successful for those refused refugee status.
Overseas Refugee Claims
A small number of refugees living overseas in a country of asylum (e.g. in a refugee camp or in a country where they cannot settle permanently) are sponsored for resettlement to Canada. They can be sponsored in either of two ways;
Government-assisted refugees:
Each year the Canadian government undertakes to directly sponsor a limited number of refugees for resettlement to Canada. In 2002, it selected 7,340* refugees.
Privately sponsored refugees:
Private groups can also sponsor refugees to be resettled to Canada. They are responsible for those they sponsor for the first year of their arrival, and must ensure that the refugee is both socially and economically supported. In 2002, 3,045* refugees were resettled in Canada through private sponsorships.
In both cases, they must first be determined to be "persons in need of protection" by the Canadian Government.
Settling In Canada
The government of Canada has a number of programs (http://www.cic.gc.ca/english/newcomer/index.html) available to refugees once they arrive in Canada. These include loan programs, health insurance and language assistance programs.
Privately sponsored refugees are financially supported by the sponsoring parties for the first year. Those undertaking a sponsorship must ensure that the sponsored refugee is adequately supported in their new home.