What happens after the forms have been completed?
The officer will decide if the claimant is eligible to have their claim heard by the Refugee Protection Division of the Immigration and Refugee Board. Learn more about eligibility.
If the officer finds that the claimant is eligible, they will give the claimant these documents:
- Refugee Protection Claimant Document
- Basis of Claim Form
- Notice to Appear
Claimants have the right to get these documents in English or in French.
The Refugee Protection Claimant Document shows that the claimant has been found eligible for a refugee protection hearing. Claimants can show it to health care providers when seeking health care under the Interim Federal Health Care program. Showing the document may also help prove eligibility for other services that refugee claimants are entitled to get. The claimant should sign the Refugee Protection Claimant Document.
There is a time limit for the claimant to complete and file the Basis of Claim Form with the Refugee Protection Division. The claimant must file it within 15 days of the decision on eligibility.
The Notice to Appear shows the date for the refugee protection hearing.The hearing must have a date that is within 60 days of the eligibility decision. If the claimant is from a designated country of origin, the hearing date will be within 45 days of the date of the eligibility decision.
The Notice also shows two ‘special’ hearing dates. These hearings happen if the claimant is in danger of losing their right to have their claim heard because:
- They did not file their Basis of Claim Form on time or
- They did not go to their refugee protection hearing.
The officer also makes a conditional removal order. This order never comes into effect if the claim is accepted. If the claim is refused, the removal order takes effect.
Getting copies of all documents
The Canada Border Services Agency officer should give the claimant copies of all the forms that were completed at the interview. The claimant should also ask for copies of identity documents or any other documents that they gave to the officer.
Anyone who is helping the claimant complete the Basis of Claim Form should ask to see these copies.