Claiming refugee status in Canada entails the following:
- Notification of a claim (either at the airport, an in-land office, or another port of entry).
- Eligibility hearing (conducted by Citizenship & Immigration Canada) and is necessary to determine whether the claim is eligible to be referred to the Immigration and Refugee Board.
- If the claim is referred, it will be set down for a hearing before a Member of the IRB, RPD division. Prior to the hearing (which takes about a year after the claim is 'referred') disclosure is provided to the claimant in the form of a 'screening package' which indicates the relevant issues for the hearing as well as country condition
- If the claim is not referred, and the individual is inadmissible to Canada, it is likely that an admissibility hearing before the IRB, ID will be set down.
It should be noted that Canada has one of the most (if not the most) generous refugee system in the developed/Western world. The IRB accepts, on average, over 40% of all refugee claims made. Obviously individuals from countries such as the Democratic Republic of Congo, Afghanistan, Burundi, and (at least until recently) Colombia have a high probability of success. Claimants from democratic countries, with effective state protection have difficulty in establishing their claims.
In any event, and given my previous post on 'refugee roulette', experienced counsel is strongly suggested for anyone wanting to successfully navigate their way through the refugee determination system in Canada.
Comments