Refugee Protection Claims

When you make a Refugee Protection Claims, you are claiming that you would be persecuted or at risk of being persecuted if you were returned to your home country. This can include being tortured, beaten, threatened with death, or subjected to cruel and unusual treatment or punishment.

The IRCC process is designed to determine whether you meet the definition of a refugee under the 1951 Geneva Convention. It involves filing a Basis of Claim Form, an eligibility interview and a hearing.

The process

Refugee Protection Claims are a way for people to get help in Canada. These are claims that show that a person in their country faces persecution, a risk to life or a risk of cruel and unusual treatment or punishment.

In most cases, a person must show that there is no safe place in their home country where they can flee the threat of persecution. This could be because of violence, war, hunger or extreme poverty.

The claim process for these cases is much more complicated than the process for other people making claims in Canada.

The basis of a claim (BOC) form is the most important document in the claims process. It asks for information that will help the Immigration and Refugee Board-Refugee Protection Division decide your claim for refugee protection.

The timelines

The Canada Border Services Agency, Immigration, Refugees and Citizenship Canada and the Immigration and Refugee Board of Canada have their own responsibilities in the processing of asylum claims, but they often collaborate on information sharing to achieve common goals. A look at their records of claiming to have processed the biggest number of claims shows they have a lot on their plates. Despite the requisite capital investments, claimants have to wait longer than they might expect for their applications to be adjudicated.

Several notable technological and organizational innovations have been unveiled since 2012, but none has a clear winner for the best overall performance in the area of claim processing. The aforementioned reforms have also come with their own list of limitations, including the usual suspects such as high cost of personnel and technology to maintain. The most challenging of these is a lack of sufficient resources to make it all happen, particularly when the spectre of a spike in asylum seekers crosses their desks on an annual basis.

The hearing

Hearings are important because they provide the opportunity for you to tell your story in detail. They are usually half a day long and take place in private.

The hearing is also your chance to give evidence, which may include identification documents, newspaper reports, medical reports, police reports or letters from your family and friends back home. The member will review this evidence and assess your case based on the information you have provided.

The IRB is committed to resolving cases simply, efficiently and fairly. For that reason, it processes less complex claims through the file-review process or through a short hearing process. Using the short hearing process allows IRB staff to allocate the amount of preparation and hearing room time that is proportionate to the complexity of each unique claim. This practice helps to reduce the backlog and improves triaging. It also reduces the workload on lawyers who have to handle more complex cases.

The documents you need

When filing a refugee protection claim in Canada, you will need to provide certain documents. These include a Basis of Claim Form (BOC), witness statements, and documentary disclosures.

You can make your claim at a port of entry, online or in an inland office. Once you have made your claim, it will be referred to the Immigration and Refugee Board for a hearing.

If your claim is accepted, you may then apply for permanent residence in Canada.

However, if your claim is not accepted, you may appeal it to the Immigration and Refugee Board. The decision will be reviewed by the Refugee Protection Division (RPD).

The RPD has strict timelines for completing your claim. These deadlines vary depending on the circumstances of your case.


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