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Ontario|Immigration LawRefugees 670 How to claim refugee status Making a claim for refugee status is a complicated process. Claimants should contact an immigration lawyer or a refugee host organization for assistance. There is no government fee for making a refugee claim, and it will generally take between eight months and two years for an application to be processed. The following information is an overview of the process.
Claims for refugee status can be made in Canada or at a Canadian border or airport. Application forms can be obtained by phone or in person at any Canada Immigration Centre. You should include your dependents and your entire family on your application form, so that their claims could be joined to yours, or your dependents could be referred to when and if you later sponsor your relatives from your home country.
When you first apply for refugee status you will be asked to fill out a questionnaire or to attend an interview with a senior immigration official. The questions will ask about your identity, age, family members, criminal record, your route to Canada, the travel documents you used, and your past activities. Based on the application, an immigration officer will decide whether you are eligible for a hearing in front of the Immigration and Refugee Board.
If you are eligible, a hearing will be scheduled to take place in several months. While you are waiting for your hearing, you can stay in Canada, and can work if you apply for an Employment Authorization. Once your forms are filled in and delivered to the Immigration and Refugee Board, you can request an Application to obtain an Employment Authorization document from a Canada Employment Centre.
At the hearing there are normally one or two members of the Immigration and Refugee Board, and a Refugee Claims Officer. These people are generally knowledgeable about refugee applications and the living conditions in the country from which you have fled persecution. An Immigration lawyer will make sure that you know what will happen at the Board, and will help you to prepare yourself for this important hearing. The Board members will ask you questions about your application and why you are unable to return to your home country. Although each application for refugee status is evaluated separately, you and your immediate family members will have your separate claims heard together in one hearing.
You have a right to have a lawyer or other representative with you at the hearing, and this right is an important one. The lawyer who is with you in that room when they are deciding your refugee case can be of critical importance later if your claim is rejected, and you must file an Appeal.
You also have a right to have an interpreter at the hearing without cost to you. It is important for you to let your lawyer know if the interpreter is properly interpreting what you have said. If you have any questions as to whether the interpreter is properly interpreting, tell your lawyer.
Most refugee claimants are eligible for a hearing. However, you will not be eligible for a hearing if you are a refugee in another country and you can return to that country, or if you arrived in Canada from a country which does not return refugees to countries where they face persecution. Under Canadian law a person may not be able to claim refugee status if they come to Canada from a country that is considered a safe third country. If you have a serious criminal record, or if you are considered a security risk, or if this is your second refugee claim within 90 days of being rejected for a refugee claim, then you will probably not receive a hearing.
If you have an immigration hearing, you will be sent a Decision, and the Reasons for the Decision. If your claim is accepted, then you have been found to be a Convention Refugee and you will be allowed to stay in Canada. If you want to become a permanent resident of Canada you should apply to be landed as a Permanent Resident within 180 days of receiving the written decision about your refugee claim. It is important to apply within this time, or you risk losing your chance to become a permanent resident of Canada.
If your claim for refugee status is rejected, you have 15 days to file an application for an appeal. You should consult with an immigration lawyer as soon as possible after your claim is rejected so that you can get help with the appeal. You can remain in Canada while you wait to find out whether your case will be heard. Many appeals are not granted leave which means that the case will not be argued.
There is also a review panel called the Post-Determination Refugee Claimants in Canada unit. This group can review decisions made by the Immigration and Refugee Board, but only 5% of the cases they review are successful. An immigration lawyer can help you file these applications, and will help you in considering what other options are available to you.
If you are found not to be a refugee after your appeal, a deportation order will be issued against you. If you do not have the money to buy a ticket to return to your home country, the Government of Canada will provide a ticket for you. If you plan to try to return to Canada in the future and settle here as an immigrant or a refugee, you will have to repay the cost of your ticket.
Applying for refugee status is a very complicated and important process. To make sure that your application is properly prepared and handled, you should contact an immigration lawyer. If you cannot afford a lawyer, you may be eligible for legal aid through the Ontario Legal Aid Plan. More information about the Ontario Legal Aid Plan is available on Legal Line .
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