Refugee Protection Division in Canada: Explained

The Refugee Protection Division is a branch of the Immigration and Refugee Board. The Refugee Protection Division hears matters from individuals claiming protected person status. Claims can be made at an IRCC or CBSA office in Canada or at a Port of entry, such as an airport or border.

Do you want to know your eligibility in order to make a refugee claim with the Refugee Protection Division?

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Or Call Us: 1-(888)-509-1987

Do you want to know your eligibility in order to make a refugee claim with the Refugee Protection Division?

Call us toll-free or take less than a minute to fill our Online Assessment for Your Visa Options.

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.

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Refugee Protection Division in Canada: Explained

What are the Types of Refugee Status Available?

What is the Process Followed in the Refugee Protection Division?

How to Know If You are Not Eligible?

What are the Possible Outcomes?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

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SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today! Learn More

Refugee Protection Division in Canada: Explained

What are the Types of Refugee Status Available?

What is the Process Followed in the Refugee Protection Division?

How to Know If You are Not Eligible?

What are the Possible Outcomes?

Why Is It Necessary to Seek Legal Representation?

Why Contact My Visa Source?

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!