This article deals only
with persons inside Canada.
People who are in Canada and who are afraid to return to their
country because the will suffer serious harm, may make a claim for
protection in Canada. The claim is initiated by telling an
immigration officer at a border, airport or at a local immigration
office, that one wants to make a claim. An immigration officer will
then schedule an interview in order to determine if one is eligible.
In the absence of criminality and security concerns and if one has
not previously made a refugee claim, then a person is probably
eligible. Starting on December 29, 2004, if one has been in the
United States for a significant period of time and does not qualify
for special consideration, one is not eligible to make a claim.
If the individual is eligible, the claim is referred to the
Immigration and Refugee Board. The claimant must complete a Personal
Information Form and submit it to the Board within 28 days.
Thereafter the claimant should try to get documentary information to
support the case. Eventually a hearing will be scheduled and the
claimant will appear before the Board. The hearing is conducted with
a translator provided by the Board in front of one Member. The
Member will decide if the claimant is a person in need of protection
or a convention refugee. Convention refugees have a well-founded
fear of persecution related to race, religion, politics, nationality
or social group. Individuals who risk torture, cruel treatment or
punishment may be found to be persons in need of protection even if
the risk is not related to the refugee definition.
If an immigration officer determines that one is not eligible, a
claimant may still be able to have the situation reviewed through
the Pre-Removal Risk Assessment (PRRA) process. Theoretically, the
same analysis is used in this process to determine if a person needs
protection but the application is made in writing and is judged by
an immigration officer. A hearing should be requested in such cases
but is not always granted.
While awaiting a hearing before the Immigration and Refugee Board or
while awaiting completion of the PRRA process, claimants are
required to undergo medical examination and may apply for employment
authorizations.
The procedure and law with respect to protection claims has become
increasingly complex. While there are still some individuals who
will make the claim without a lawyer, it is strongly recommended
that one seek legal advice and assistance throughout the process. If
possible, it is better to seek advice before even commencing with
the process. In many parts of Canada, a legal aid society will
provide legal assistance for those who cannot afford to retain
private counsel. Most Canadian cities have immigrant assistance
agencies and local information with respect to competent counsel can
be available.
If you would like assistance with making an application for refugee
status, please feel free to contact us by email at:
immlaw@caronpartners.com |
