Individuals can apply for refugee upon arrival in Canada or if they are already in Canada. The Canadian Border Services Agency (CBSA) or the Canadian Immigration Service will then determine if a person is eligible for claims as a refugee.

If the claim is found to be eligible, the case will be referred to the Immigration and Refugee Board (IRB). The Immigration and Refugee Board (IRB) examines whether a claimant complies with the United Nations definition of a refugee under a convention under Canadian law or whether that person needs protection. Under Immigration and Refugee Act, anyone who wants to enter Canada must come to the border to check their eligibility to determine if that person is eligible to enter Canada or if they are allowed to enter Canada. Who entered the country and stayed in Canada.

The CBSA and the Royal Canadian Mounted Police (RCMP) play a key role in protecting Canada’s borders. They prevent people from entering Canada illegally and are responsible for protecting the security of Canadian citizens. The CBSA, RCMP, and their domestic and international partners work together to track down people entering Canada illegally. According to Article 133 of the Immigration and Refugee Protection Act, no enforcement action is taken against asylum seekers. The RCMP is responsible for security within Canada and the CBSA is responsible for border security at the borders.

The IRCC’s role in this process is to develop and implement policies, programs, and services that facilitate the legal entry and integration of individuals into Canadian society, maximizing their health, safety, and security.

Canadian Refugee Support Programs

The Canadian refugee system has two main parts:

• Humanitarian Refugee and resettlement Program for people in need of protection outside of Canada
• Refugee Program in Canada For people applying for protection from within Canada

Refugees coming to Canada have left their homes and in many cases have been forced to live in refugee camps for years. When they arrive in Canada, they have to start over.

The United Nations High Commissioner for Refugees (UNHCR), along with private sponsors, is identifying refugees for resettlement. Individuals cannot apply for asylum directly in Canada. Once identified, it takes time to process the files.

Private sponsors across the country are also helping to resettle refugees in Canada. Some do this constantly. They have signed financial support agreements with the Government of Canada to help support refugees. These groups are known as holders of sponsorship contracts.

Holders of sponsorship contracts can sponsor refugees themselves, or work with others in the community to do so.

Other sponsors, known as groups of five and social sponsors, are individuals or groups in the community who have come together to support refugees. They generally do not provide ongoing support to refugees.

The Combined Visa Program (BVOR) matches refugees recognized by the UNHCR with private sponsors in Canada.

By law, the immigration office must carefully review all resettlement cases and ensure that there are no problems with security, crime or health. They work with their security partners to complete this task as quickly as possible.

The Refugee Program works to protect refugees in Canada who:

They have a legitimate fear of persecution or are at risk of torture or cruel or unusual punishment in their home countries.

Not everyone is eligible for protection. For example, people are not eligible to apply for refugee if they have the following:

• Have been convicted of serious criminal offences or
• Previous refugee claims have been rejected by Canada.

How to Apply for Refugee Protection in Canada

Where and How to Make a Claim

Refugee applications must be made to a government officer. This is usually done at either a port of entry (POE) or at an inland Immigration, Refugees, and Citizenship Canada (IRCC) office, although in some cases persons who have been arrested inland will make their claim to an enforcement officer from the Canada Border Services Agency (CBSA). To initiate the process, all the person has to do is say “refugee” or make it clear in some other way that they have a fear of returning to their country.

Eligibility to make a claim

The government officer will interview the person, seize identity documents, and determine if the person is eligible to make a claim. If eligible, the officer will refer the claim to the Refugee Protection Division of the IRB (RPD). If the person’s identity cannot be established, or they may be a flight risk or have criminal or security issues, the officer may detain them at an immigration holding center.

Inland Claim

When making an inland claim, all relevant forms and the Basis of Claim form must be submitted at the time of making the claim. Once the claim is found eligible, the referring officer must fix the hearing within 60 days for others. Due to scheduling backlogs, hearings are no longer being scheduled within these legislated timelines.

What if the claimant is detained at an immigration holding center? The requirement to submit all the forms is particularly onerous for inland claimants who make a claim upon being detained. They will fill out all their forms, including the BOC, upon making their claim in detention.

Port-of-Entry Claim

Upon making a claim at a Port-of-Entry, the claimant will be required to fill out a series of forms prior to the eligibility determination being made. Once they are found eligible, the referring officer must fix the hearing within 60 days for a claimant from any other country.

The claimant will then have 15 days from the eligibility determination to complete the Basis of Claim form (BOC) and file it with the Refugee Protection Division at the IRB. This deadline is very important. If you cannot complete and deliver the BOC within 15 days, you must make an application for an extension of time to file the BOC. If the 15 days have already passed, the request must be accompanied by the completed BOC. In most cases there will be a date set for an abandonment hearing to determine if the client’s case should be declared abandoned. If the case is declared abandoned, the client cannot make a second claim.

IRB Decision:

• If IRB accepts the refugee claim, the person is considered a protected person and can apply for permanent residence for themselves and their family members who are in Canada.

In this case, the person can also apply for permanent residence for family members who are outside of Canada within one year.

• If IRB rejects the refugee claim, the removal order becomes enforceable and the person must leave Canada within the specific time limit.

In some cases, the refugee claimant can appeal the IRB’s decision to the higher level courts.