Refugee Cases in Canada

Canada offers refugee protection to individuals who face danger if they return to their home country. A person may qualify for refugee status if they can prove a risk to their life, cruel and unusual treatment or punishment, or torture.

The risk must be personal and specific to the individual. General conditions, such as war, crime, or instability in the home country, are not sufficient in themselves. The claimant must also demonstrate that local police or government authorities are unable or unwilling to provide protection.

Where Refugee Claims Can Be Made

In most cases, a person must enter Canada first before making a refugee claim. Refugee claims from outside Canada are generally accepted only if the individual already holds refugee status recognised by the United Nations High Commissioner for Refugees (UNHCR).

Once in Canada, individuals can apply for refugee protection through the Canadian refugee system.

Refugee Protection Division (RPD)

People in Canada make refugee claims before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). The IRB is an independent tribunal that functions like a court and decides who qualifies for refugee protection.

The RPD reviews the claimant’s testimony, documents, and supporting evidence to decide whether to grant refugee status.

Refugee Claim Process and Timelines

Refugee cases follow strict timelines, and claimants must prepare their applications carefully and on time.

1) At a port of entry, applicants must submit their Basis of Claim (BOC) form within 15 days.

2) When applying at an immigration office inside Canada, applicants must submit the BOC form on the same day.

3) The RPD usually schedules a refugee hearing 30 to 60 days after referring the claim. (In practice, hearings may occur later due to processing delays.)

4) Before the refugee hearing, applicants must submit all documents and witness statements at least 10 days in advance.

Refugee Hearing and Decision

During the refugee hearing, the RPD member questions the claimant about their case. The decision-maker reviews the claimant’s testimony, all submitted documents, and any witness evidence.

After the hearing, the RPD decides whether to grant or refuse refugee protection.

1) If the RPD approves the claim, the claimant may apply for permanent residence in Canada.

2) If the RPD refuses the claim, the decision-maker provides written reasons

In some cases, the claimant may appeal to the Refugee Appeal Division (RAD) or apply for judicial review in the Federal Court.

How Spike Immigration Helps with Refugee Cases

Refugee cases require detailed preparation, strong evidence, and strict compliance with deadlines. Spike Immigration helps clients understand the process, prepare accurate forms, gather supporting documents, and prepare for refugee hearings.

Our team carefully prepares your case for presentation to Canadian authorities.

Frequently Asked Questions (FAQ)

What are refugee cases in Canada?

Refugee cases involve a claim for protection made by a person in Canada who faces serious personal risk if returned to their home country.

Who decides refugee cases?

The Refugee Protection Division of the Immigration and Refugee Board decides refugee cases in Canada.

What is a Basis of Claim form?

The Basis of Claim form explains why you need refugee protection, and you must submit it within strict deadlines.

How long does the refugee process take?

Timelines vary, but hearings are usually scheduled within 30 to 60 days, though delays may occur.

What happens if my refugee claim is approved?

If approved, you can apply for permanent residence in Canada as a protected person.

Can I appeal refused refugee cases?

In some situations, you can appeal to the Refugee Appeal Division or apply for judicial review in the Federal Court.

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