If you are looking to claim refugee status in Canada, then you must appeal before the Refugee Protection Division (RPD).
The Refugee Protection Division resolves the matters concerning people claiming the protected person status. It is a tribunal branch of the Immigration and Refugee Board (IRB).
You can make a claim for refugee status at the port of entry - at a border stop or at an airport by filling out the eligibility forms and completing an interview with an officer from the Canada Border Services Agency (CBSA).
A claim can also be made from outside Canada, however those are processed by the Immigration, Refugees and Citizenship Canada (IRCC).
After making the claim, you must appear for a hearing and make a case for your request. The RPD tribunal makes the final decision on whether or not the applicant is eligible for the status of a conventional refugee or a person in need of protection.
What are the Types of Refugee Status Available?
Convention Refugee: If you are unable or unwilling to return to your home country because of a well founded fear of persecution on the basis of your race, religion, nationality, political opinion or for being a member of a specific social group, then you are considered eligible for the status of a convention refugee.
You will be required to prove your position to the Refugee Protection Division.
Person in Need of Protection: If you are unable or unwilling to return to your home country as it would risk your personal safety and subject you to danger or it poses a risk of torture or of life or cruel and unusual punishment regardless of where you are in the country, then you are eligible for the status of person in need of protection.
However, this does not include the risk that is posed by the country’s inability to provide adequate health care. Also, you will be required to prove your position to the Refugee Protection Division.
What is the Process Followed in the Refugee Protection Division?
If you are looking to claim the refugee status in Canada, then you must fill out the forms to support your request.
You will also be required to convince an adjudicator of the Refugee Protection Division that your request is well founded and that you meet all the requirements mentioned under the United Nations Convention (1951) concerning the Status of Refugees.
In addition, you must acquire the status of a permanent resident by applying through the Permanent Residency Application for Convention Refugees.
How to Know If You are Not Eligible?
You may not be eligible to make the claim for refugee status under the following conditions:
- You already have a convention refugee status in another country to which you can return
- You have already been granted protected person status in Canada
- You have arrived in Canada through the Canada-United States border
- You are inadmissible to Canada on the grounds of misrepresentation, criminality, serious criminality or human rights violations
- You already made a refugee claim and was found ineligible by the Refugee Protection Division
- You were already rejected once by the Refugee Protection Division
- You have a previous refugee claim that was withdrawn or abandoned
What are the Possible Outcomes?
The Refugee Protection division will decide if you should be granted the status as a protected person.
If they find your claims are well-founded, then you are eligible to be a convention refugee or a person in need of protection.
If you are refused, then your conditional removal order will become effective within an appointed period unless you make an appeal to the Refugee Appeal Division.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
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