Important Information for Exam

Claiming Refugee Protection for Inside Canada

Canada offers refugee protection to individuals who are in Canada, and fear
persecution or danger from their home country or country of residence. Some
dangers they may face include:
o Torture
o A risk to their life, or
o A risk of cruel and unusual treatment or punishment

Eligibility to claim for Refugee Protection from Inside of Canada

If a person is under a Removal Order they are not eligible to claim for
Refugee Status
CBSA Officers will review the claim at the Port of Entry and make a decision
whether to accept or deny the claim. CIC officials will determine if the claim is
eligible to be referred to the RPD. (Refugee Protection Division) of the IRB.
(Immigration and Refugee Board)
If accepted, the claim will be referred to the RPD and the claim for refugee
protection process of review
Method a claimant can claim Refugee Status

There are two methods of claiming for Refugee Protection within Canada
#1) Port of Entry
#2) an IRCC office
An IRCC office means Immigration, Refugee and Citizenship Canada Office
http://www.cic.gc.ca/EnGLish/information/offices/index.asp

Port of Entry Claims

The claimant will be given a Basis of Claim Form (BOC Form) to complete,
and it must be given to the RPD no later than 15 days after the date the claim
was sent to the RPD. (Refugee Protection Division)
The officer may give a Notice to Appear for a Hearing that informs the
claimant when the hearing will take place
Inland Office Process

If the claim for refugee was made at an Inland Office, the BOC Form (Basis
of Claim Form) must be completed and given to the officer, who will decide if
the claim is eligible
If the claim is eligible, the officer will give the claimant a Notice to Appear for
a Hearing
The Notice to Appear for a Hearing advises the claimant when and where
the claim will be heard by the RPD
Other forms within the Application Package will need to be completed
Refugee Claim Accepted by a Canada Border Service Agent

If the claimants Refugee claim is accepted by the Canada Border Service

Officer tow options may occur:
o #1) Be given a date for their Refugee Hearing
o #2) Have 15 days to fill out the required applications for a Refugee
Claim and have it submitted to the IRB (Immigration and Refugee
Board)
o This link will take you the Citizenship and Immigration Website, that
details all of the application forms that are required for Refugee
Claimants and their families to fill out and submit to the IRB office
o http://www.cic.gc.ca/english/information/applications/protection.asp

Designated Countries of Origin

A country designated as a DCO by the Minister of Citizenship and Immigration

under IRPA. (Immigration Refugee Protection Act).
Nationals who make a claim for refugee, who are from any of the DCOs will
be scheduled to have an earlier hearing than other claims
There are 42 countries that are part of the DCO list.
http://www.cic.gc.ca/english/refugees/reform-safe.asp
The Designated Countries of Origin policy is meant to deter abuse of the
refugee system by people who come from countries generally considered
safe. Refugee claimants from Designated Countries of Origin will have their
claims processed faster.
The process was made to ensure the genuine claims that require protection.
Allowing the process to not be backlogged with unfounded claims.
Every eligible refugee claimant, including those from Designated Countries of
Origin, will still have a hearing at the independent IRB
Hearings on refugee claims coming from DCOs should be held within 30 days
after they are referred to the IRB. The timeframe from other refugee
claimants is 60 days
Refugee Appeal Division

On December 15, 2012, the system for determining refugee claims made in
Canada underwent significant changes as a result of the coming into force of
the Balanced Refugee Reform Act and the Protecting Canadas Immigration
System Act, the latter of which amends both the Immigration and Refugee
Protection Act and the Balanced Refugee Reform Act. The new law establishes
a Refugee Appeal Division within the IRB
Appellate Tribunals of the IRB

Immigration Appeal Division and Refugee Appeal Division:

 o Have sole and exclusive jurisdiction to hear and determine all
questions of law and fact in respect to the proceedings brought before
them
o May base their decision on any evidence adduced in the proceeding
o Are not bound by any legal or technical rules of evidence
o May grant a remedy if they determine that the lower decision is
wrong in law, in fact, or in mixed law and fact
o May set aside the lower decision and substitute their own
determination
o Are not required to hold an oral hearing in every circumstance

General Rules of the IAD and RAD

The IRPA sets out:

o Which body has jurisdiction to hear appeals
o Who has a right to appeal
The divisional rules:
o Set out roles and responsibilities
o Govern practices and procedures in proceedings
The appellant is the party who disputes the decision from a lower tribunal
The respondent is the party who argues that the lower decision should stand

General Rules of the IAD and RAD

Both the IAD and the RAD Rules set out:

o Definitions
o Scheduling proceedings e.g. hearings, applications
o Notice to Appear
o Counsel of Record Information
o Communicating with the decision-maker
o Interpreters
o Documents service and filing; format

The Boards Four Divisions

Immigration Division (ID)

Immigration Appeal Division (IAD)
Refugee Protection Division (RPD)
Refugee Appeal Division (RAD)

Immigration Division (ID)

Members of ID are responsible for hearing and deciding matters regarding:

o Admission or removal or permanent residents and foreign nationals
o Review of immigration detentions

Immigration Appeal Division (IAD)

Members of IAD has jurisdiction to hear and decide four types of appeals:
 o Sponsorship appeals Canadians and permanent residents whose
application for sponsorships of a close family member (spouse,
common-law, conjugal, parent, grandparent, or child) was refused
o Removal order appeals appeals for individuals who have been
ordered removed from Canada. (PR Residents, foreign nationals with
PR visas, and protected persons)
o Loss-of-permanent residence appeals appeals from PR made outside
of Canada on the residency obligation under section 28
o Ministers appeals appeals from the minister responsible for the
CBSA, who may appeal a decision made by the ID at an admissibility
hearing
Refugee Protection Division (RPD)

Members of the RPD are responsible for hearing refugee claims made by
person in Canada and determining whether the claimant are refugees
Members of the RPD are not bound by any legal or technical rules of
evidence; they may receive and base their decision on any evidence they
consider credible and trustworthy.
Members may take judicial notice (rule of evidence that allows a decision-
maker to accept certain commonly known, indisputable, and uncontentious
facts without requiring that they be proven with evidence) of facts and of
information or opinions within the divisions specialized knowledge.
Refugee Appeal Division (RAD)

This is the newest operating division. Now that they are law, and are
following the amendments to the Immigration and Refugee Protection
Regulations (IRPR) in 2012, and unsuccessful refugee claim may be appealed
to the RAD by the claimants or the minister
o #1) on a question of law, of fact, or of mixed law and fact
o #2) Not later than 15 working days after the day on which the person
or the minister receives written reasons for the decision
Alternative Dispute Resolution

Informal meeting to negotiate and settle the appeal:

o Appeal allowed on consent (of minister)
o Appeal withdrawn
o Appeal referred to the IAD for a hearing
A dispute resolution officer attends to help facilitate the proceeding

***

The use of Alternative Dispute Resolution (ADR) offers an informal, less confrontational and
more consensual approach to dealing with sponsorship appeals, which essentially concern the
appellant's desire to reunify his or her family. ADR is consistent with the Immigration and
Refugee Board's vision to deal with matters "simply, quickly and fairly."
The ADR process at the IAD usually involves an in-person meeting - an ADR Conference - that
is scheduled to last for one hour.

All DROs receive training in ADR and have in depth substantive and procedural knowledge of
sponsorship appeal issues.

***

Three Instances When Inadmissibility Is at Issue

Prior to entry: Visa applications

o Foreign nationals must obtain a visa before entering Canada (IRPA, s
11)
Upon arrival in Canada: Port of entry examination
o If a person is found inadmissible, entry is refused or entry is granted
for purpose of a hearing (IRPA, ss 21-22)
After entry: When inadmissibility is discovered after arrival, or arises after
o Inadmissibility is grounds for removal for both foreign nationals and
permanent residents
Why Some People are Inadmissible

Security risk
Human or international rights violations
Serious criminality, criminality, organized criminality
Health reasons
Financial reasons
Misrepresentation
Cessation of refugee protection
Failure to comply
Inadmissible family member

Admissibility Hearings

The ministers referral gives the ID jurisdiction to hold an admissibility

hearing
Minister must provide (ID, r 3):
o Inadmissibility report
o PCs name, contact information, date of birth, immigration status,
marital status, etc.
o Language of record and language of the interpreter
IRPA, section 45 permits the ID to make the following decisions
o Recognize right to enter Canada
o Grant permanent resident or temporary resident status
o Allow to enter Canada for further examination
o Make applicable removal order
The ministers referral under section 44(2) of the IRPA gives the ID jurisdiction
to hold an admissibility hearing
The form used for this is the Request for Admissibility Hearing/Detention
Review Pursuant to the Immigration Division Rules (BSF 524)
 o Available on CBSA website
Hearing Procedure:
o The ID member begins with an opening statement
o All parties are asked to identify themselves to the member
o Witnesses and parties giving testimony are sworn in, such as
interpreters
o The hearing officer reads the inadmissibility report into the record and
asks to file it as the ministers evidence.
o The member then explains the possible outcome of the hearing to the
PC.
o The PC (Person Concerned) or his/her counsel if they are represented,
may then examine witnesses and file their evidence.
o They may argue that the inadmissibility report is incorrect for
technical, legal, or factual reasons.
o After all the evidence has been heard, counsel must be prepared to
make a final oral statement, called representations at the end of the
hearing
Removal Orders

There are three types of removal orders:

o Departure orders (IRPA, s 224)
o Exclusion orders (IRPA, s 225)
o Deportation orders (IRPA, 226)
Decisions on removal orders are made by:
o Member of Immigration Division at an admissibility hearing, and
o The minister, following examination at POE
The ID must advise the PC of right to appeal to IAD
o There is no right to appeal to IAD (IRPA, s 64) when a person is
inadmissible on serious grounds, but the PC may file application for
leave for a judicial review in Federal Court