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Glossary

The Refugee Claim Process

The Refugee Claim Process

Flow chart showing the key stages of a claim.

Your Refugee Hearing

Your Refugee Hearing

Take an online tour of a refugee hearing room in Toronto and find information to help you prepare for a hearing.

Ready Tour

Ready Tour is a free program that helps you prepare for your refugee hearing or an appeal at the Refugee Appeal Division. Register now.

Claiming refugee protection in Canada

The Refugee Claim Process

Flow chart showing the key stages of a claim

Making a claim for refugee protection in Canada

The need for legal help
Who can get refugee protection?
What is a Convention refugee?
What is a person in need of protection?
Where and when can a person make a claim?
Who decides the claim?

How does someone arriving in Canada make a claim?

Making a claim at a Canadian port of entry
What happens at the interview with Canada Border Services Agency?
What questions are asked in the interview?
What happens after the forms have been completed?

What happens if the Basis of Claim Form is not completed on time?

Special hearings
What happens at a special hearing?
Can a claimant avoid losing the right to make their claim?
What can a claimant do if the claim has been declared abandoned?

Making a claim when arriving at the Canada-US border

What is the 'safe third country' rule?
Are there exceptions to the rule?
What happens when someone makes a claim at a Canada‑US border crossing?
Where can claimants get help if they are thinking of coming to Canada from the US?

Making a refugee claim from inside Canada

How does someone who is already in Canada make a claim?
What information do the forms ask for?
What happens at the eligibility interview?

Eligibility for a hearing

Who decides if a claimant is eligible for a hearing?
When is the decision made?
Who is not eligible for a hearing?
What happens if a claimant has been found ineligible for a hearing?

Designated foreign nationals

What is an irregular arrival?
Being detained as a designated foreign national
No appeal to the Refugee Appeal Division
Longer wait to apply for resident status
No right to a travel document
Requirement to report

Coming from a designated country of origin

Less time to prepare for the hearing
Restrictions on right to a work permit



Last updated: Apr 4, 2019

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All taxonomy terms:

All taxonomy terms: Can an H&C applicant make a refugee claim?

All taxonomy terms: Is it possible to make an H&C application and a refugee claim at the same time?

All taxonomy terms: What are some of the differences between an H&C application and a refugee claim?

All taxonomy terms: What happens after an H&C application is made?

All taxonomy terms: Other evidence of an H&C applicant's situation

All taxonomy terms: Reports and records

All taxonomy terms: Letters

All taxonomy terms: What kind of evidence supports an H&C application?

All taxonomy terms: How does an H&C applicant show they are settled in Canada?

All taxonomy terms: What does "best interests of a child" mean?

All taxonomy terms: Humanitarian and compassionate reasons

All taxonomy terms: Who decides H&C applications?

All taxonomy terms: What if an applicant is not entitled to an automatic stay of removal?

All taxonomy terms: Will an applicant be allowed to stay in Canada until the Federal Court decides the case?

All taxonomy terms: What happens if an applicant is successful in Federal Court?

All taxonomy terms: What is the difference between a judicial review and an appeal?

All taxonomy terms: What if an applicant has missed a time limit?

All taxonomy terms: What are the time limits for filing a leave application in the Federal Court?

All taxonomy terms: How does someone apply to the Federal Court for judicial review?

All taxonomy terms: Challenging a decision in Federal Court

All taxonomy terms: What does the Refugee Appeal Division do in deciding an appeal?

All taxonomy terms: What is the process if the Minister is appealing the decision?

All taxonomy terms: What happens if a claimant misses a time limit?

All taxonomy terms: Can a claimant who is appealing submit new evidence?

All taxonomy terms: The steps in the appeal process when the claimant is appealing

All taxonomy terms: What happens in an appeal and who participates?

All taxonomy terms: About the appeal process

All taxonomy terms: What happens at the end of the hearing?

All taxonomy terms: Answering questions at the hearing

All taxonomy terms: What if the claimant does not speak English or French?

All taxonomy terms: Who will be at the hearing?

All taxonomy terms: What documents should the claimant bring to the hearing?

All taxonomy terms: What if the claimant's lawyer cannot attend on the hearing date?

All taxonomy terms: Can the hearing date be changed?

All taxonomy terms: When does the hearing take place?

All taxonomy terms: Gathering documents

All taxonomy terms: Deadlines for filing documents

All taxonomy terms: Making applications before the hearing date

All taxonomy terms: What if the claimant's documents are not in English or French?

All taxonomy terms: What if the claimant has witnesses who can support the case?

All taxonomy terms: Forms

All taxonomy terms: Fees

All taxonomy terms: Timelines

All taxonomy terms: Making changes after the application is submitted

All taxonomy terms: Sending in the application and waiting

All taxonomy terms: Inadmissibility

All taxonomy terms: Proof of identity

All taxonomy terms: Help to cover the costs of bringing family members to Canada

All taxonomy terms: Listing and including family members in the application

All taxonomy terms: Applying for OHIP

All taxonomy terms: What is a refugee protection hearing?

All taxonomy terms: How does a claimant amend or change the form?

All taxonomy terms: What documents need to be attached to the form?

All taxonomy terms: About the claimant's and interpreter's declarations

All taxonomy terms: Tips – PREVIOUS PROTECTION CLAIMS section

All taxonomy terms: Tips -- YOUR FAMILY section

All taxonomy terms: Tips -- WHY YOU ARE CLAIMING REFUGEE PROTECTION section

All taxonomy terms: Tips -- WHO YOU ARE section

All taxonomy terms: Getting ready: Preparing to fill out the form

All taxonomy terms: When and how does a claimant file the form?

All taxonomy terms: Does every claimant have to complete the form?

All taxonomy terms: What is the Basis of Claim Form?

All taxonomy terms: Requirement to report

All taxonomy terms: No right to a travel document

All taxonomy terms: Longer wait to apply for resident status

All taxonomy terms: No appeal to the Refugee Appeal Division

All taxonomy terms: Being detained as a designated foreign national

All taxonomy terms: What is an 'irregular arrival'?

All taxonomy terms: Restrictions on right to a work permit

All taxonomy terms: Less time to prepare for the hearing

All taxonomy terms: Coming from a designated country of origin

All taxonomy terms: Where can someone get help if they are facing an application for cessation or vacation?

All taxonomy terms: What if a refugee has become a Canadian citizen?

All taxonomy terms: What is a vacation order?

All taxonomy terms: What is a cessation order?

All taxonomy terms: Can a refugee's status be taken away?

All taxonomy terms: How can front-line workers help?

All taxonomy terms: Who can be a designated representative?

All taxonomy terms: What is the role of a designated representative?

All taxonomy terms: How can front-line workers help vulnerable people?

All taxonomy terms: What are 'procedural accommodations'?

All taxonomy terms: What is a 'vulnerable person'?

All taxonomy terms: Are there any situations when the 'one-year bar' does not apply?

All taxonomy terms: Can a refugee claimant who is not accepted make an H&C application?

All taxonomy terms: What are the dangers of withdrawing a refugee claim?

All taxonomy terms: When can a refugee claimant make an H&C application?

All taxonomy terms: What is a humanitarian and compassionate (H&C) application?

All taxonomy terms: Social assistance for refugee claimants

All taxonomy terms: Work permits for refugee claimants

All taxonomy terms: What rights do children have to attend school?

All taxonomy terms: Health care for refugee claimants

All taxonomy terms: What if a claimant has been found ineligible for a hearing?

All taxonomy terms: Who is not eligible for a refugee protection hearing?

All taxonomy terms: When is the decision made?

All taxonomy terms: Who decides if a claimant is eligible for a hearing?

All taxonomy terms: What happens at the eligibility interview?

All taxonomy terms: What information do the forms ask for?

All taxonomy terms: How does someone who is already in Canada make a claim?

All taxonomy terms: Where can claimants get help if they are thinking of coming to Canada from the US?

All taxonomy terms: What happens when someone makes a claim at a Canada‑US border crossing?

All taxonomy terms: Are there exceptions to the rule?

All taxonomy terms: What is the 'safe third country' rule?

All taxonomy terms: Can a claimant avoid losing the right to make their claim?

All taxonomy terms: What can a claimant do if the claim has been declared abandoned?

All taxonomy terms: What happens at a special hearing?

All taxonomy terms: Special hearings

All taxonomy terms: What happens after the forms have been completed?

All taxonomy terms: What questions are asked in the interview?

All taxonomy terms: What happens at the interview with Canada Border Services Agency?

All taxonomy terms: Making a claim at a Canadian port of entry

All taxonomy terms: Who decides the claim?

All taxonomy terms: Where and when can a person make a claim?

All taxonomy terms: Person in need of protection

All taxonomy terms: Convention refugees

All taxonomy terms: The need for legal help