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REFUGEESEach year, in keeping with its humanitarian traditions and international commitments, Canada accepts large numbers of Convention refugees and other displaced persons. Refugee claims are handled by mail in Montreal and Toronto. REFUGEE CLAIMANTS A refugee claimant is a person who has arrived in Canada and seeks Convention refugee status. A claim may be made upon arrival at the port of entry or by someone already in Canada, whether as a legal visitor or without legal status, canada immigration service. A refugee claimant receives Canada's protection when he or she is found to be a Convention refugee as defined by the United Nations' 1951 Geneva Convention Relating to the Status of Refugees, and its 1967 Protocol. The refugee is protected from forced return to the place where he or she would face persecution. This does not apply to people who pose a serious danger to Canada or Canadian citizens.CONVENTION REFUGEES Canada is a signatory of the United Nations' 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol. The Convention refugee definition, as presented in the Geneva Convention, is incorporated into Canada's Immigration Act. Convention refugees are persons who by reason of a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, are: outside the country of their nationality and are unable or, by reason of that fear, unwilling to be protected by that country; or, not having a country of nationality, are outside the country of their former habitual residence and are unable or, by reason of that fear, are unwilling to return to that country. The Immigration Act also provides for the cessation of the refugee status when protection is no longer needed and stipulates that refugee status may be withdrawn if it was obtained by misrepresentation.REFUGEES SELECTED ABROAD Canada operates an overseas refugee resettlement program for which annual targets are established. Persons requiring protection may be processed under either the government-assisted or privately-sponsored refugee resettlement programs. The Governor in Council may also designate classes of persons, other than Convention refugees, who may benefit from Canada's humanitarian immigration programs. At present, only the following designated classes apply to persons selected abroad: Political Prisoners and Oppressed Persons Indochina's (Transitional) (Vietnamese and Laotians) The Self-Exiled Persons (Transitional) Designated Class In addition to aiding Convention refugees and members of designated classes, Canada may, from time to time, help individuals or groups that are in special need and have relatives in Canada. Special programs arise from unusual hardship due to events such as civil war and political upheaval. In the past, Canada has used special measures to meet the needs of citizens of the former Yugoslavia, Guatemala, Iran, Sri Lanka, El Salvador and Lebanon. Note: The designated classes and special programs are expected to be replaced by a new class, Resettlement From Abroad,in spring 1997. For more information, contact a Call Center.PRIVATE SPONSORSHIP OF REFUGEES Groups of at least five Canadian citizens or permanent residents, 19 years of age or older, or local groups of certain legally-incorporated organizations may sponsor Convention refugees or members of a designated class who are residing outside Canada. Undertaking a sponsorship means agreeing to provide settlement assistance for one or more refugees and their families for a period of one year. Both sponsors and refugees must meet the requirements of the Immigration Act and Regulations.GOVERNMENT ASSISTANCE TO REFUGEES The federal government also assists a certain number of refugees and members of designated classes. These individuals are eligible for federal settlement assistance upon arrival to ease their initial settlement period in Canada.CLAIMING REFUGEE - STATUS IN CANADA Any person who is in Canada, other than a person against whom a removal order has been made but not executed, may make a claim to Convention refugee status. This can be done by notifying an immigration officer. If it is determined that the person is a Convention refugee, he or she is eligible to apply for permanent resident status. Immediate family members, whether in Canada or abroad, may be included on the application for permanent residence.DETERMINING ELIGIBILITY The following categories of persons are not eligible: persons recognized as Convention refugees by another country to which they can be returned; persons already considered Convention refugees according to Canada's Immigration Act or Regulations; persons who have arrived in Canada from a prescribed country. A prescribed country is one which does not return refugees to nations where their life or freedom would be threatened for reasons of race, religion, nationality or membership in a particular social group or political opinion (to date there is no list of prescribed countries); persons who have been found ineligible by a senior immigration officer or have been determined not to be a refugee by the Refugee Division (this provision does not apply to persons who have been subsequently out of Canada for more than 90 days); persons found by a Board Adjudicator to have been convicted of serious criminal offences or to be terrorists, subversives, or war criminals, and whom the Minister of Citizenship and Immigration has determined should not be in Canada because they pose a danger to Canadians or the national interest. In June 1995, new immigration legislation (Bill C-44) was implemented. The new measures prevent dangerous criminals from abusing the refugee status determination system. The changes also permit officers to revisit decisions on eligibility that were tainted by fraud or where new information on criminal activity comes to light. An eligible claimant may be found to have been convicted of a criminal offence. The senior immigration officer may then reconsider the claimant's eligibility. When notified of this action, the Refugee Division will suspend consideration of the claim until the issue of eligibility is reconsidered. If the claimant is found ineligible, the Refugee Division will terminate examination of the case. A senior immigration officer may also reconsider a claimant's positive eligibility if that decision was based on fraud or misrepresentation. The claimant will be notified and allowed to respond to the evidence of fraud or misrepresentation. The evidence may show that the claimant would have been found ineligible if it were not for the fraud or misrepresentation. The senior immigration officer will then change the positive determination to a negative one and notify the Refugee Division. The Refugee Division will then stop considering the claim. If the Refugee Division has already presented a decision, that decision becomes null and void. Claimants ineligible to proceed to a hearing before the Refugee Division may have a removal order issued against them by a senior immigration officer. Should a person be found ineligible because he or she has come to Canada from a country with which Canada has an agreement for sharing responsibility for refugee claims, the removal order would be effected without delay. (Canada currently has no such agreements in effect but discussions are ongoing.) In other cases, the execution of the removal order is automatically stayed for seven days to allow the person to seek legal advice regarding the possibility of a judicial review of the eligibility decision by the Trial Division of the Federal Court of Canada. When a claim is eligible for a Refugee Division hearing and the person does not have lawful status in Canada, the senior immigration officer will issue a conditional removal order that takes effect only if the Refugee Division determines that the person is not a refugee.PERSONS DETERMINED TO BE CONVENTION REFUGEES When a claim is accepted by the Refugee Division, the individual may apply for permanent resident status but must do so within 180 days. Immediate family members, whether in Canada or abroad, may be included on the application. Landing may not be granted if the person does not have satisfactory identity documents or if the person or any dependant is inadmissible for criminal or security reasons. Sometimes refugees are unable to obtain identity documents due to sustained civil war in their country of origin or the lack of a central government authority. Canada has established the Undocumented Convention Refugee in Canada Class (UCRCC) Regulations to handle such cases. These regulations permit citizens of Somalia and Afghanistan to apply for landing, without meeting the requirement for identity documents, within five years of the IRB decision that they are Convention Refugees.PERSONS DETERMINED NOT TO BE CONVENTION REFUGEES When the Refugee Division rejects a claim, it sends a written notice to the claimant explaining the reasons for the decision. The claimant has 15 days to file an application for leave, or permission, to commence an application for judicial review by the Trial Division of the Federal Court. A judge of that court will decide if leave will be granted. With certain exceptions, a person has the right to remain in Canada pending the outcome of the judicial review. The Federal Court decision may be appealed to the Federal Court of Appeal only if the judge who rendered the decision states that a serious question of general importance is involved.REVIEW OF REFUGEE CLAIMS NOT ACCEPTED BY THE REFUGEE DIVISION Currently people who receive a negative decision to Convention refugee status by the Refugee Division are automatically reviewed by Post Claim Determination Officers (PCDO) to determine if they are members of the Post-Determination Refugee Claimants in Canada class (PDRCC). The PDRCC was established in February 1993 as an element of Canada's public policy concerning refugee claimants. This policy addresses the belief that persons who may be exposed to compelling personal risk if removed from Canada should have the opportunity to apply for permanent residence. Currently, an unsuccessful refugee claimant has 15 days after receiving the negative decision to make submissions based on one of two issues: the extent of any risk faced upon removal from Canada; and whether or not the threat exists in all parts of the country to which the claimant could be removed. It is up to each individual to make a submission to the Post Claim Determination Officer. If no arguments are received, the assessment will be based solely on information on file. The PDRCC class does not include persons: whom the Refugee Division found not to have a credible basis for their claim; who abandoned or withdrew their claim; or who have left Canada since their claims were decided. The Post Claim Determination Officer's assessment of each individual case is considered according to the regulations that define the class. The risk faced by each claimant must be objectively identifiable and involve a threat to his or her life, the possibility of excessive sanctions, or the likelihood of inhumane treatment. Under the amended PDRCC class, risk assessment is no longer automatic for failed refugee claimants; they will now have to apply for consideration. Applicants will have 15 days, after notification of the Refugee Board's decision, to submit an application under the PDRCC class. They will then have 30 days from the date of application to present submissions in support of the application. Those persons found not to be convention refugees, and who do not have a PDRCC decision rendered prior to the amendments coming into force, will continue to be dealt with under the previous regulations. These applicants will have 30 days to provide a written submission for consideration under the PDRCC class. Under the amended PDRCC class, the following groups will no longer be eligible for consideration: claimants who have been convicted of a serious crime (sentenced to 10 years or more under any act of Parliament); claimants who have committed war crimes or crimes against peace or humanity, or who have been found guilty of acts contrary to the purpose and principles of the United Nations; and claimants who have departed and returned to Canada from a contiguous territory (United States, St-Pierre and Miquelon) to file a second refugee claim within six months of the date of departure.OTHER INFORMATION ON REFUGEE CLAIMS When a person is referred to the Refugee Division, a senior immigration officer may issue a conditional departure order against that person. The order takes effect only if the claimant: withdraws or abandons the claim to be a Convention refugee; is determined not to be a Convention refugee; or, despite being a Convention refugee, does not have the right to remain in Canada. Refugee claimants are eligible, in certain circumstances, to apply for employment authorization. Generally, only those who could not subsist without public assistance are eligible for employment authorization. Refugee claimants and their children are eligible to apply for student authorization so that they can attend school while waiting for a decision on their claims. Unsuccessful refugee claimants who want to have their cases reviewed on humanitarian or compassionate grounds must apply under subsection 114(2) of the Immigration Act and pay the cost-recovery fees. Immigration officers at local offices have the authority to consider applications for permanent residence in Canada under subsection 114(2). In certain circumstances, the Minister of Citizenship and Immigration may also decide to review a case on humanitarian and compassionate grounds. The Canada-Quebec Accord specifically gives Quebec exclusive responsibility for selecting all independent immigrants and refugees abroad who are destined for Quebec. Those selected by the province receive a document called Certificate de sélection de Québec (CSQ). The federal government ensures that statutory admission requirements such as medical and criminal checks are met before issuing a visa. |
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I have sent all the necessary forms and documents to Citizenship and Immigration Canada. What happens next? An immigration officer will review the completed forms and decide if you qualify for processing in Canada and if you appear to meet the requirements for permanent residence in Canada. If everything is in order, you will receive a letter which may ask you and your dependent children in Canada: -1. to have a medical examination, 2. to get a passport if you do not already have one, 3. to get a police certificate from all the countries where you have lived. All immigrants and their dependents must meet immigration requirements related to health and character, and they must have a passport before becoming permanent residents of Canada. The letter will also inform you that you may now apply for an Employment Authorization or Student Authorization if you wish to work or study in Canada.
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