How to get refugee status in Canada: Steps
Obtaining refugee status is a long, multi-step process. First the refugee applicant has to carry out some actions on his/her own and then his/her case will be considered by certain authorities.
In this article you will learn:
- How to obtain refugee status
- Choose how to apply
- Gather the package of documents
- Attend a hearing for your case
- Hearing before the Immigration and Refugee Board of Canada
- Timeframe for consideration of the case
- Procedure
- Adoption of the decision
- Positive decision
- Negative decision
Other articles in the "Becoming a refugee (asylum) in Canada" series.
How to obtain refugee status
You can only get refugee status in Canada by yourself under the In-Canada Asylum Program, under which you must already be in Canada. This means that to enter Canada to obtain refugee status you must apply for a visa, such as a tourist visa.
To apply for asylum in Canada, you must do the following
1. Select the method of application
There are two ways to apply for asylum in Canada:
Apply at the airport/seaport
You can apply for asylum at any port of entry (airport, seaport or land border). There are officers from the Canadian Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC) at each port of entry (port of entry). You can apply for asylum by contacting them from the comfort of your port of entry.
The officer you show your application to will decide if it can be sent to the Immigration and Refugee Board of Canada (IRB) for further consideration. If your application can be referred to the IRB, you
- receive a document confirming that your application has been submitted to the IRB — Confirmation of Referral, and
- get 15 days to complete all the forms in the application packet and send them to the IRB
Apply at an IRCC office in Canada
You can apply for asylum in Canada at special offices of Immigration, Refugees and Citizenship Canada (IRCC) outside your port of entry. If you choose to apply at the IRCC, you:
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- must have all the completed forms in their packet with them
- you will not be invited to an interview with an immigration officer until you have submitted all the forms in person
If the IRCC officer decides that your asylum application qualifies, you will be given a date for your IRB hearing.
Incidentally, once an officer determines that an applicant is eligible for refugee status in Canada, the applicant will immediately have access to social assistance, education, health care, housing and legal aid while the case is pending. In addition, most asylum applicants can apply for a work permit after undergoing a medical examination.
2. Collect the package of documents
To apply for asylum in Canada, you must provide information about
- your background (biography)
- your family
- the reasons why you want to apply for asylum in Canada
You do this by filling in the forms in the application package.
The document package includes a completion guide and all the forms that need to be completed. You can view the document package here.
3. Attend a hearing about your case
If you qualify for asylum, you will have to attend an Immigration and Refugee Board of Canada (IRB) hearing.
An officer at the airport or IRCC will give you a Confirmation of Referral document, which confirms that your application has been sent to the IRB. Later, the IRB will send you a Notice of Hearing — Notice to Appear for a Hearing. This notice will state:
- where the hearing will be held
- the time you must appear at the hearing
- start time
You must bring all of your identification documents with you to the hearing. This includes:
- passport
- license
- any other documents that can prove your identity or support your asylum application
Learn how to prepare for your hearing in the IRB Applicant's Guide.
The IRB will assess your application and decide whether to grant you refugee status at your hearing.
If you are denied asylum, you must leave Canada. But there are cases where you can stay in Canada and even get permanent resident status.
Hearing before the Immigration and Refugee Board of Canada (IRB)
All applicants who qualify for asylum receive a fair hearing before the Immigration and Refugee Board of Canada (IRB), an independent, quasi-judicial body. Each case is considered on its merits, based on the evidence and arguments presented. A special Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada reviews the merits of the case.
If you do not attend the hearing, you will need to attend the special hearing to explain why you did not attend the hearing. Information about the date, time and location of the special hearing will also be provided in the Notice to Appear for a Hearing. If you fail to attend the special hearing or cannot provide a reasonable explanation for your absence from the hearing, your application for asylum may be denied. If the RPD says your application is denied, you will be denied further proceedings or be barred from making other asylum applications in the future.
Timeframe for consideration of the case
The time limit for review is 60 days.
If the applicant is a national of one of the countries that Canada considers safe, the case is reviewed within 30-45 days. These countries include those that generally respect human rights and provide state protection. This policy is designed to prevent people from countries that are generally considered safe from abusing the system. This allows people who are in real need of protection to obtain one as quickly as possible and those who have made an unfounded claim to return home more quickly.
Procedure
The hearing takes place in the province where the person has applied for asylum. This province provides the applicant with social assistance, education, health care, housing and legal aid. If an applicant decides to change his or her domicile while the case is pending (e.g., the refugee claim is made in Quebec and then the applicant moves to Ontario), he or she will need to inform the IRB, IRCC and CBSA and provide the new address. In addition, the refugee applicant will need to inform the province they are leaving and apply for services in the new province.
Hearings usually last half a day, both in the morning and in the afternoon. They are private and confidential.
As mentioned above, the hearing is being conducted by a member of the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.
The RPD member is a decision maker who has received special training in refugee protection. The hearing is held in person or by videoconference if the participant is located elsewhere.
At your hearing, you will testify and answer questions. If the IRCC or CBSA is involved in your hearing, the Minister's Counsel will also ask you questions. If you have witnesses, they will testify. After you and any witnesses have testified, the RPD member will ask you or your lawyer to explain why you think you are a UN convention refugee or a person in need of protection.How these two categories of applicants differ, we explained in the article Canada asylum programs: who is eligible to become a refugee.
Adoption of the decision
In making its decisions, the RPD member considers whether the applicant meets the definition of a "refugee" under the UN Convention or of a "person in need of protection".
The RPD member can make a decision and tell you at the end of the hearing, or send you the decision in the mail after the hearing. You will get a written Notice of Decision that tells you the decision and why your application was accepted or denied. If your application is denied, it will tell you whether you can go to the Refugee Appeal Division (RAD) or apply to the Federal Court.
In practice, a decision is usually made after about four months.
Refugee applicants are not eligible for federal adaptation and integration services until they receive a positive determination of refugee status; however, they are eligible for some provincially funded services.
Positive decision
After receiving a positive decision on their asylum application, applicants receive protected person status and federally-funded adaptation and integration assistance. This means that a person granted protected person status can stay in Canada and apply for permanent residency.
Negative decision
If the asylum application is rejected by the Refugee Protection Division, individuals can appeal the decision to the Refugee Appeal Division (RAD). If individuals are not entitled to appeal to the Refugee Appeal Division, they can ask the Federal Court to review the decision.
Once all appeals have been exhausted, the asylum seeker's removal (deportation) order goes into effect, under which he or she is removed from Canada.
Applicants whose application has been rejected and who are in the process of being deported from Canada are not eligible for social assistance, depending on the province.
The Canada Border Services Agency (CBSA) has the power to deport all foreign nationals, regardless of citizenship, who are deemed unacceptable to Canada and who are subject to forced removal.
All people have the right to due process. However, once they have exhausted all legal options, they must leave Canada or be deported by the CBSA.
Prior to removal from Canada, there may be a special interview with the applicant during which they are informed of the date and place from which they will be removed from Canada. Failure to report to the interview or removal site may result in arrest and potential detention prior to deportation by the Border Agency.
Other articles in the "Becoming a refugee (asylum) in Canada" series.
Coming up on Immigrant.Today:
— How to stay in Canada if you are denied refugee status
— Life after refugee status in Canada: Help and statistics
