Refugee Protection Process in Canada: A Step-by-Step Guide

Seeking refugee protection in Canada is a significant and life-changing decision. At Nihang Law, we understand how overwhelming the process can be, especially if you are facing uncertainty or fleeing danger. This guide breaks down the key stages of the refugee protection process in Canada to help you understand what to expect and how to prepare.

Refugee Protection Process in Canada

1. Submit Your Refugee Claim

The process begins by making a claim either at a Canadian port of entry (such as an airport or border crossing) or from within Canada through an online application. At this stage, you will speak with a Canada Border Services Agency (CBSA) officer, who will conduct an eligibility interview and gather initial information about your reasons for seeking protection.

Should the officer determine that you are eligible to make a refugee claim, they will forward your claim to the Refugee Protection Division (RPD). From there, the officer will give you a Refugee Protection Identity Document, a form indicating that the officer has sent your claim to the RPD, and a Basis of Claim (BOC) form.

2. Complete the Application Package

Once you start your claim, you are required to complete and submit a series of documents and forms, including the BOC form, which must be completed and submitted to the RPD within 45 days.

The BOC form is crucial, as it is where you will provide the reasons why you are seeking protection and serves as the foundation of your claim. This is also where you discuss why you cannot return to your home country. Failure to submit this on time can result in delays or dismissal of your case.

3. Provide Biometrics

You will then be scheduled for a biometrics appointment, where your fingerprints and photograph will be taken. These will be used to verify your identity and check for any previous immigration history or criminal activity in Canada or partner countries.

4. Get a Medical Exam (if requested)

Some claimants may be required to undergo a medical examination by a physician approved by Immigration, Refugees, and Citizenship Canada (IRCC). The exam ensures that claimants do not pose a public health risk and helps determine eligibility for health coverage.

5. Eligibility Determination

After completing your application, an immigration officer will assess whether your claim meets the eligibility criteria under Canadian immigration laws. If your claim is found eligible, it will move forward to the next phase of review.

6. Receive the Refugee Protection Identity Document

If your claim is found eligible, you will receive a Refugee Protection Identity Document (RPID), which is commonly referred to as the “Brown Paper.” This document confirms that you are legally authorized to remain in Canada while your claim is being assessed. It also grants access to healthcare and other social services.

7. Apply for a Work Permit (if applicable)

You may be eligible to apply for a work permit once your claim has been referred to the IRB. This allows you to work legally in Canada while awaiting your hearing. You can apply online and must meet basic eligibility requirements.

8. IRB Referral and Confirmation

Eligible claims are referred to the Immigration and Refugee Board of Canada (IRB), specifically the Refugee Protection Division (RPD). This independent tribunal is responsible for hearing and deciding refugee cases.

9. Receive Your Hearing Date

You will receive a Notice to Appear for your hearing, which usually includes the date, time, and location. It will also tell you whether your hearing will be virtual or in-person.

It is critical to prepare thoroughly for your hearing, as this is your opportunity to present your story, submit evidence, and explain why you are seeking protection in Canada. You should gather and collect your evidence as soon as possible so that you are prepared when the IRB schedules your hearing date. You must send these documents to the IRB no later than 10 days before your hearing.

10. Attend Your Refugee Hearing

Refugee hearings in Canada are typically under three hours long and are conducted by a member of the RPD. At the IRB hearing, you will present your testimony and supporting documents. All evidence submitted will be reviewed by the RPD member to determine its admissibility. You will then be questioned about your claim by the RPD member and possibly by your legal counsel or a representative from IRCC or CBSA, if present. Witnesses, if any, will testify after the claimant and are usually not allowed to observe the hearing until it is their turn to speak.

At the end of the hearing, the claimant or their counsel will present final remarks to support the claim and explain why protection should be granted. The RPD member may deliver a decision at the hearing or send it in writing afterward.

The written Notice of Decision will state whether the claim was accepted or rejected. If rejected, the notice will include whether the claimant can appeal to the Refugee Appeal Division or seek a judicial review by the Federal Court.

Next Steps After Claim is Accepted

If your refugee claim is accepted, you will be granted protected person status. The RPD will send a written Notice of Decision along with the reasons for the decision. Copies will also be shared with IRCC and CBSA.

There are instances when the IRCC or CBSA may disagree with this decision. They have 15 days from the date they receive the decision to appeal to the RAD or apply for a judicial review in the Federal Court. If they decide to proceed, you will be notified and given the chance to respond.

If you do not receive a Notice of Appeal within 15 days, you can remain in Canada and are eligible to apply for permanent residence.

What to do if Claim is Rejected

If your claim is rejected, you will receive a Notice of Decision from the RPD explaining the outcome and reasons for the refusal. This notice will also be sent to IRCC and CBSA.

The notice will indicate whether you are eligible to appeal to the RAD or apply for judicial review by the Federal Court. You have 15 days from the date you receive the decision to take legal action. It is critical to meet this deadline if you want to challenge the decision, so review the date on the notice carefully and act promptly.

Need Help with Your Refugee Claim?

The refugee process can be complex and emotionally taxing, but you don’t have to face it alone. It is advisable to get counsel support throughout the entire refugee claim process. At Nihang Law, we offer compassionate and experienced legal representation to guide you through every step, from the initial application to your IRB hearing.

Contact us today for a consultation and let us help you navigate your path to safety and stability in Canada.