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Decisions
January 2006
DIVISION OF RESPONSIBILITIES REGARDING REFUGEE PROTECTION CLAIMS MADE IN CANADA
1
Questions
IRB
CIC
or
CBSA
FEDERAL COURT
To whom do persons have to apply for refugee protection status?
No
Yes
No
Who decides whether the claims should be sent to the
IRB
(“referred”)?
No
Yes
No
Who hears and determines refugee protection claims?
Yes
No
No
Apart from the claimant, who can participate in the proceedings before the
IRB
?
No
Yes
No
If
IRB
grants refugee protection status, to whom may refugees apply for permanent resident status?
No
Yes
No
If the
IRB
rejects the refugee protection claim:
1. To whom may failed refugee claimants apply for judicial review?
No
No
Yes
2. To whom may failed refugee claimants apply for their case to be reviewed on humanitarian and Compassionate grounds?
No
Yes
No
3. Who does the Pre-Removal Risk Assessment for failed claimants?
No
Yes
No
4. Who remove failed refugee claimants from Canada?
No
Yes
No
This document is not a legal document. For precise, legal information, please consult the
Immigration and Refugee Protection Act
,
Immigration and Refugee Protection Regulations
, and
IRB
Rules
.