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The refugee claim process

PORT-OF-ENTRY CLAIMS
Make a refugee claim at port-of-entry to Canada Border Services Agency (CBSA)
INLAND CLAIMS
Make a refugee claim inland by submitting completed Basis of Claim (BOC) and other forms to Citizenship and Immigration Canada (CIC)
Eligible
Eligible
Ask the Federal Court to agree to review the decision (must do this within 15 days of getting the decision) and ask for a stay of removal
Eligible to have claim heard at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). File completed Basis of Claim (BOC) form with the RPD within 15 days.
Eligible to have claim heard at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB)
From date of eligibility decision, hearing at the RPD within:
From date of eligibility decision, hearing at the RPD within:
Prepare for hearing and file evidence (translated into English or French) with the RPD 10 days before hearing
Prepare for hearing and file evidence (translated into English or French) with the RPD 10 days before hearing
Claim accepted at RPD
Claim refused at RPD
A refugee claimant cannot apply to stay in Canada on humanitarian & compassionate (H&C) grounds unless they withdraw their claim before evidence is presented at the RPD hearing. A refused claimant must wait 12 months to apply on H&C grounds (5 years for Designated Foreign Nationals). But there are exceptions to the 12-month waiting period for cases involving the best interests of a child or a risk to life due to lack of health care.
Claim refused at RPD
Appeal (unless no right of appeal) to the Refugee Appeal Division (RAD) of the IRB (must do this within 15 days of getting the decision)
If no right of appeal to the RAD, ask the Federal Court to agree to review the decision (must do this within 15 days of getting the decision) and ask for a stay of removal
May have the right to apply for a Pre-Removal Risk Assessment (PRRA) but must wait at least:
  • 12 months, or
  • 36 months if from a DCO
Successful at RAD (claim accepted or new hearing at the RPD)
Unsuccessful at RAD
Ask the Federal Court to agree to review the decision (must do this within 15 days of getting the decision) and may need to ask for a stay of removal
Successful in Federal Court (right to new decision on claim)
Unsuccessful in Federal Court (can be removed from Canada)






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All taxonomy terms:

All taxonomy terms: Letters

All taxonomy terms: Forms

All taxonomy terms: Fees

All taxonomy terms: Timelines

All taxonomy terms: Inadmissibility

All taxonomy terms: Proof of identity

All taxonomy terms: Applying for OHIP

All taxonomy terms: Special hearings