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Refugee
Refugee claims
A refugee claim in Canada is a legal process where individuals seek protection because they fear persecution or risk to their life, freedom, or safety in their home country. An individual can make a claim at any port of entry or after arriving in Canada. After your claim has been submitted, the officer will decide whether your claim is eligible. If found eligible it will be referred to Refugee Protection Division (RPD) of Immigration Refugee Board (IRB).
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Whom does Canada offer refugee status?
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Convention refugees - People who fear persecution based on race, religion, political opinion, nationality, being part of social group
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Person in need of protection: who would be in danger (torture, life risk, risk of cruelty and unusual treatment or punishment)
Who can be ineligible?
If a person has:
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Any prior refugee claims
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Been determined as inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality
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Been recognized as a refugee in another country and can be returned to that country
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Come from a designated country
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Already made a refugee protection claim in the United States, New Zealand, Australia, or the United Kingdom before coming to Canada
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Been subject to a removal order
Basis of claim applications
In this form you will give details about yourself and your basis on which you are claiming refugee protection in Canada.
When do you have to complete the BOC form?
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If you claim refugee protection at a port of entry, you have 15 days to give the completed BOC form to IRB that you were referred to by the authorities
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If you are already in Canada, you must complete the BOC with other forms and submit to the IRCC
Pre-removal risk assessment
It is an opportunity for people who are being removed from Canada to seek protection on the basis of risks they believe they will face if they are removed. Pre-removal risk assessment (PRRA) is conducted to assess whether the person being removed is not sent to a country where they would be in danger of torture, persecution, risk of life or cruelty. Applicants are given only 15 days to provide your application for Pre-removal risk assessment.
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During the PRRA process, applicants are given a chance to submit detailed information and evidence supporting their claim that they face risks in their home country. This evidence may include personal experiences, country conditions reports, or expert opinions.
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Immigration officers assess PRRA applications based on the evidence provided and relevant legal principles. They consider factors such as the credibility of the applicant, the current situation in the home country, and any changes in circumstances since the initial immigration decision. If the officer determines that the applicant faces a credible risk upon return, they may grant protection by allowing the individual to remain in Canada on humanitarian and compassionate grounds. However, if the officer finds that the applicant does not meet the criteria for protection, they may proceed with the removal process.
Removal order
It is an order made against an individual which requires them to leave Canada and restricts them from returning for a certain period of time or permanently.
Types of removal orders
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Departure Order - This order requires the individual to leave Canada within a specified period, typically 30 days. Departure orders are usually issued for individuals who have violated immigration laws, such as overstaying their authorized period of stay or working without the necessary permits.
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Exclusion Order - An exclusion order prohibits an individual from returning to Canada for a period of one to five years or even longer. Exclusion orders are typically issued for individuals who have committed certain violations, such as misrepresentation or failing to comply with the conditions of their temporary resident status.
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Deportation Order - A deportation order is the most severe type of removal order and involves the forced removal of an individual from Canada. It is usually issued for individuals who are deemed inadmissible due to serious criminality, security concerns, or violations of human or international rights.
Before a removal order is issued, individuals are usually given an opportunity to present their case before an immigration or border officer or, in some cases, the Immigration and Refugee Board (IRB). They may be able to provide reasons why they should be allowed to stay in Canada or challenge the grounds for their removal.
Individuals subject to removal orders may also have recourse to legal avenues, such as applying for a stay of removal or seeking judicial review of the decision. If you are a permanent resident of Canada, a foreign national with a permanent resident visa, a convention refugee or a protected person and have received a removal order, you have the right to appeal the decision to the Immigration Appeal Division (IAD). You only have 30 days from receiving the removal order to file your appeal. However, once a removal order becomes enforceable, failure to comply can result in detention and deportation by immigration authorities.
Removal orders play a crucial role in Canada's immigration enforcement system, ensuring compliance with immigration laws and protecting the integrity of the country's borders.
Need help filing your Refugee claim or matter? Contact us at MS Law Offices.