Refugee Claim

Those seeking Canada’s protection can make a Refugee Claim if they are in Canada. A refugee is a person who fears persecution in their home country on the basis of their race, religion, nationality, political opinion, or particular social group. Refugee status can also be established if a person can show a risk to their life or of cruel and unusual treatment or punishment, or a risk of torture in their home country. The risk faced by the refugee must be a personal one, and not one related to a general risk in the home country. The risk must also be one that the police authorities in the home country are unable or unwilling to protect the refugee claimant from.

Refugees must in most instances first enter Canada before making a refugee claim. Refugee cleims can generally only be made from outside Canada if the refugee claimant has already obtained refugee designation from the United Nations High Commission on Refugees (UNHCR).

A refugee claim by a person in Canada is made to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). The IRB/RPD is an independent government tribunal which acts like a court to decide who will be granted refugee status.

The law distinguishes between refugee claimants who are from designated “safe” countries, and those who are not. Safe countries include the United States, most European countries, and other countries where law and order generally prevail, and it is unlikely that a person facing persecution cannot avail themselves of the protection of their own country’s authorities. Refugee claimants from safe countries will be subject to an accelerated refugee claim process and do not have the same appeal rights as other refugee claimants.