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Who is not eligible for a refugee protection hearing?

Here are some reasons why a claimant might not be eligible to have their refugee claim heard:

  1. The ‘safe third country’ rule applies and the claimant does not fall within one of the exceptions to the rule.
  2. Before making a refugee claim in Canada, the claimant made a refugee claim in a country that Canada has agreed to share information with. Currently this means Australia, New Zealand, the United Kingdom, and the United States. But this rule applies only if the claim made in the other country has been confirmed by the person's fingerprints. And the claimant can apply for a pre-removal risk assessment and will get a hearing. The hearing is an interview with an immigration officer.
  3. The claimant was found to be a Convention refugee in another country and can return to that country.
  4. The claimant has already made a refugee claim in Canada and:
    • it was refused by the Immigration and Refugee Board or
    • it was withdrawn or abandoned by the claimant or
    • the claimant was not eligible to have the claim heard.
  5. The Immigration Division of the Immigration and Refugee Board has decided that the claimant is inadmissible to Canada for one or more of these reasons:
    • reasons of security
    • suspected involvement in terrorism, organized crime, or espionage
    • suspected human rights violations

    • ‘serious criminality’: This means they have been convicted in Canada of a crime that carries a maximum sentence of at least 10 years in prison. Or, it could mean that they were convicted outside Canada of such a crime.


Last updated: Jun 25, 2019

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