1. Making a Refugee Claim in Canada Canada provides protection to people who fear persecution, danger of torture, risk to their life or risk of cruel and unusual treatment or punishment.

2. Determination of Refugee Status or Person in Need of Protection A claim for protection in Canada will be assessed on whether it meet one of the two definitions below. There areset out in Canada’s Immigration and Refugee Protection Act Convention Refugee Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well founded fear of persecution based on: race religion political opinion nationality or membership in a particular social group, such as women or people of a particular sexual orientation. * Section 96 of the Immigration and Refugee Protection Act Person in Need of Protection A person in need of protection is a person whose removal to their home country or country where they normally live would subject them personally to: a danger of torture; a risk to their life; or a risk of cruel and unusual treatment or punishment. * Section 97 of the Immigration and Refugee Protection Act

3. Eligibility Some people are not eligible to apply for protection in Canada. Immigration Officers receiving an application for a refugee claim will decide whether it is eligible or not. The reasons why it may not be accepted are listed to the right. The claimant has been recognized as a Convention refugee by another country to which he can return; The claimant has already been granted protected person status in Canada; The claimant arrived via the Canada-United States border; The claimant is not admissible to Canada on security grounds, or because of criminal activity or human rights violations; The claimant made a previous refugee claim that was found to be ineligible for referral to the IRB; The claimant made a previous refugee claim that was rejected by the Immigration and Refugee Board; or The claimant abandoned or withdrew a previous refugee claim.

4. How to Make a Claim for Refugee Protection in Canada When making a claim for protection the individual must either already be in Canada, or be entering Canada: When entering Canada the individual can make a claim at what is called a port of entry; this is an airport, seaport, or boarder crossing. This is done directly with the Canada Boarder Services Officials who are there. Alternatively, if the individual is already in Canada he can also make a claim at a Citizenship and Immigration Canada office located in every major city.

5. How to Make a Claim for Refugee Protection in Canada, continued … The individual who files a claim for protectionwill have to fill out a form, and undergo a preliminary interview. The claimant, as he is now classified, will be assessed whether he is eligible, based on the criteria described on Slide 3. If he is found eligible his case is referred to the Immigration and Refugee Board of Canada (IRB). The claimant will also be given what is called a Personal Information Form, which must be completed and sent to the IRB. The claimant will also be given the opportunity to procure documents and other evidence that will help substantiate his claim.

6. The Immigration and Refugee Board The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal, where claims for protection in Canada are heard. All claims for protection made within Canada and deemed eligible are referred to the IRB. Claimants must send their Personal Information Forms, and supporting documents to the IRB office in the city where they rare located. The Personal Information Form must be submitted 24 days after they are given the document when they first make their claim. Once the Personal Information Form is received by the IRB, the IRB will set a date for a hearing to make a determination on whether protection will be granted or not.

7. The Immigration and Refugee Board, continued … A claimant has the right to have Legal Counsel present at his hearing to better advocate for his claim. If a claimant wishes to present evidence to support his claim, he must present it to the IRB 21 days prior to the hearing date.

8. The Immigration and Refugee Board, continued … On the date of the hearing the claimant, along with his counsel will attend the hearing where the presiding official named the Member of the Immigration and Refugee Board will ask questions of the claimant, hear his testimony about his fears and the dangers he faces, consider Counsel’s submissions, and make a final determination on whether protection will be granted. The Member of the Immigration Board is a fancy title, and his position is akin to that of a Judge. Essentially he serves as a Refugee Judge. Sometimes there is another person present at the hearing called a Refugee Protection Officer. This person represents the Ministry of Citizenship and Immigration, and may also ask questions of the claimant. A Refugee Protection Officer may also make submissions to the Member for consideration in the case at hand.

9. Final Decision by the Immigration and Refugee Board If the claim is accepted the claimant will receive the status of “protected person”. This will allow him to stay in Canada and apply to become a permanent resident of Canada. If the claim is rejected the claimant must either leave the country within a set period of time or apply to the Federal Court of Canada for a judicial review of the IRB decision within 15 days after receiving the decision.