The refugee claim process in Canada is set out in the IRPA. Section 99(3) stipulates that the claim must be made to an officer (and cannot be made by a person subject to a removal order). Claims inside Canada are either those made at a POE or in-land. After notification is made, an officer will determine whether the claim is eligible (s.101(1) of the IRPA). Some individuals are not eligible to make a claim for refugee protection -and eligibility should be canvassed with experienced legal counsel prior to initiating a claim. If the claim is eligible it is referred to the Refugee Protection Division.
If the claim is accepted the person becomes a protected person and can apply for PR from within Canada. Note that the government can seek to appeal a positive decision to the Refugee Appeal Division. This happens but is relatively rare. If the claim is refused the failed refugee claimant can seek to appeal to the Refugee Appeal Division (unless they are ineligible for the RAD). The RAD is a substantive appeal and can set aside the RPD decision and substitute the decision that should have been made. A negative RAD can be challenged at the Federal Court by way of judicial review.
There is a great deal of complexity and nuance in the refugee claim process. Some individuals are ineligible; others may be excluded from the refugee process. Some are found inadmissible to Canada even after the grant of protection. Some (most) can seek an appeal of a refused RPD decision to the RAD. The government can also seek to set aside a positive RPD decision. A JR is not a substantive appeal; it merely looks to whether the decision is reasonable. As a result, it behooves the claimant to seek out experienced counsel at the earliest opportunity.
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