Appeals & Refugee Cases
Canada's refugee protection system offers claimants the opportunity to make a claim for protection and receive a fair hearing. Refugee protection claims are assessed by the Immigration and Refugee Board of Canada (IRB) on the basis of the IRPA and international obligations. The IRB will consider the merits of the claim and determine whether the claimant is eligible for protection in Canada.
Refugee Protection Claims
Canada has a well-established refugee protection system that is governed by the Immigration and Refugee Protection Act (IRPA) and guided by international obligations, including the 1951 Refugee Convention and its 1967 Protocol. The country has a commitment to provide protection to individuals who qualify as refugees under these legal frameworks.
When someone arrives in Canada and makes a refugee protection claim, they are subject to a process known as the "Refugee Determination System." Here are the key steps involved:
Initial Screening: Upon arrival in Canada, individuals are subject to an initial screening process conducted by the Canada Border Services Agency (CBSA). The purpose of this screening is to determine if the claim is eligible to proceed under the IRPA.
Immigration and Refugee Board (IRB): If the claim is deemed eligible, the case is referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent administrative tribunal responsible for making decisions on immigration and refugee matters.
Refugee Protection Division (RPD): The claim is then assigned to the Refugee Protection Division of the IRB. A hearing is scheduled where the claimant presents their case and provides evidence to support their claim. The RPD member, who acts as an independent decision-maker, assesses the claim based on the criteria outlined in the IRPA.
Appeals: If the claim is rejected at the RPD, there may be opportunities for appeals. The Refugee Appeal Division (RAD) of the IRB hears appeals against negative RPD decisions, while the Federal Court handles judicial reviews of certain IRB decisions.
Pre-Removal Risk Assessment (PRRA): If the claim is rejected by Refugee Appeal Division (RAD) and Federal Court, the claimant may have the option to apply for a Pre-Removal Risk Assessment (PRRA). This assessment is conducted by Immigration, Refugees and Citizenship Canada (IRCC) and evaluates the risk of persecution or danger the individual may face if returned to their home country.
It's important to note that Canada also offers resettlement programs for refugees who are identified and referred by the United Nations High Commissioner for Refugees (UNHCR) or other designated organizations. These refugees are typically processed outside of Canada and, if approved, are provided with resettlement opportunities.
Canada's refugee protection system aims to provide fair and efficient processes while ensuring that those in need of protection are granted the necessary support. However, it's important to consult official government sources or legal professionals for the most up-to-date and accurate information on the refugee protection process in Canada, as procedures and policies may change over time.
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