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Refugee Claim / Detention review / Appeal

Last Updated:March 4, 2025

What is a Refugee Claim?

The Refugee Claim is for individuals who have been persecuted in their own country or in all countries of permanent residence (if there is a country of permanent residence other than their own) and are unable to return.

Application requirements for refugee protection

  • Belonging to a racial, religious, nationality, social group, or a particular political opinion, and being persecuted for this in one’s home country (or in all countries of permanent residence, if there is a country of permanent residence other than one’s home country) and already being outside one’s home country (or in all countries of permanent residence). The individual must be able to prove the persecution and fear returning to the home country (or country of permanent residence). (Convention Refugee)
  • Even if the individual does not belong to any group as described in (A), if they are persecuted due to factors that affect only them, and they are already outside their home country (or in all countries of permanent residence), they must be able to prove the persecution and fear returning to their home country (or country of permanent residence). (Protected Person)
  • The persecution must not be something that affects everyone living in the country, such as a natural disaster or economic recession.
  • With some exceptions, the applicant must not have entered Canada via the U.S. and applied for refugee status. (Safe Third Country Agreement)
  • The application must not be fraudulent.
  • The individual must already be in Canada (including those who have just entered the country, such as at a port of entry) after meeting conditions (A) through (E).

Application process for a refugee claim

01Make a claim for refugee protection

Upon arriving in Canada at the airport or at the border, you can inform the officer that you wish to make a claim for refugee protection. Alternatively, after entering Canada, you may inform an immigration office within Canada that you wish to make a claim for refugee protection.

02Basis of Claim submission and initial evaluation

If accepted upon entry, you must submit the Basis of Claim by the specified deadline. If claiming refugee protection within Canada, you must submit the Basis of Claim when applying for protection. (Since the Basis of Claim forms the foundation for the refugee claim assessment, it is crucial to be honest, truthful, and ensure that the information provided is consistent, as this will impact the credibility of your case.) If it is determined that you meet the conditions for refugee protection, a hearing will be scheduled. If it is determined that you do not meet the conditions, a deportation order or other order will be issued. In such cases, you must comply with the government’s instructions.

03Review by Refugee Protection Division

An examination will be initiated by the Refugee Protection Division, and you must attend the hearings.

04Judgment and possible appeal procedures

If your refugee claim is approved, you will be granted Protected Person status and can apply for permanent residence. If the claim is refused, a deportation order will be issued. If the claim is refused, you may appeal to the Refugee Appeal Division (RAD), but only cases that meet specific conditions are eligible for appeal to the RAD. If an appeal to the RAD is not possible, you may appeal to the Federal Court.

05Need for careful application

Claiming refugee protection should be done carefully, for the following reasons:

  • You can only apply once in your lifetime.
  • If your refugee claim is refused, you will not be eligible to apply for permanent residence under most economic immigration categories.
  • If your refugee claim is refused, depending on the type of deportation order, you will need to submit a separate application for approval each time you wish to travel to Canada in the future, and your application must be approved.

*In addition to the above, there are other refugee claims supported by a group of five or more Canadian citizens or permanent residents, such as the Group of 5.

Process for detention review and removal/deportation

If you are detained at an airport, border, or within Canada for immigration reasons, the following is the process:

01Detention review

If you are detained by the Canada Border Services Agency (CBSA) at an airport, border, or within Canada, the Immigration Division will conduct a detention review hearing to determine whether you meet the criteria for entry and stay in Canada and whether there is a continued need for your detention in the detention centre.

02Removal orders and deportation

If you are not approved to enter and stay in Canada, a removal order will be issued and you will be deported to your home country. At the time of deportation, depending on the type of removal order, you will need to submit a separate application to seek approval to travel to Canada in the future each time, and your application must be approved. Continued detention may be ordered in certain situations, such as when the destination country cannot be determined due to a lack of identification, if there is a risk of fleeing upon release, or if there is a potential danger to the public. In the case of permanent residents, depending on the circumstances, an appeal can be made to the Immigration Appeal Division (and if that appeal is denied, further appeal to the Federal Court is possible). For temporary residents or foreign nationals, access to the Immigration Appeal Division is unavailable, so an appeal can be filed directly with the Federal Court.

Appeals after a Family Class refusal (only applicable to overseas applications and appealed by the sponsor), Appeals by permanent residents who have lost their permanent resident status due to failure to meet residency obligations, and Appeals by permanent residents who have been issued a removal order

The appeal and review process is as follows:

01Begin the appeal process

Submit a Notice of Appeal. If the conditions are met, the Immigration Appeal Division (IAD) will schedule a hearing. If the conditions are not met, an appeal can be filed with the Federal Court.

02Attend the hearings and review

Attend the hearing, where IAD members will review your appeal.

03Appeal outcome and subsequent actions

If the appeal is granted, in the case of a Family Class application, your application will be re-assessed by a different immigration officer. For permanent residents who have lost their status due to failure to meet residency obligations or those facing a removal order, permanent resident status will be retained. If the appeal is dismissed, an appeal can be filed with the Federal Court.

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