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Refugees
Refugee Protection in Canada
Canada offers protection to people in Canada who are afraid of returning
to their home country. A claim for protection can be made at a port of
entry or at a Canada Immigration Centre (CIC) office in Canada. Once a
CIC officer decides that a refugee protection claimant is eligible to
be referred, the claim is sent to the Immigration and Refugee Board (IRB)
for a decision on the risk on return.
Protection is conferred when the IRB determines that they are a Convention
refugee or person in need of protection.
Convention refugee
A Convention refugee is a person who is outside of their country of nationality
or habitual residence and who is unable or unwilling to return to that
country because of a well-founded fear of persecution for reasons of race,
religion, political opinion, nationality or membership in a particular
social group.
Person in need of protection
A person in need of protection is a person in Canada whose removal to
their country of nationality or former habitual residence would subject
them to the possibility of torture, risk to life, or risk of cruel and
unusual treatment or punishment.
Protected person
A protected person can either be a Convention refugee or a person in
need of protection.
Cases not sent to the IRB
The following categories of persons are not eligible to have a claim
referred to the IRB:
- Persons recognized as Convention refugees by another country to which
they can be returned;
- Persons already determined to be protected persons under the Immigration
and Refugee Protection Act or its regulations;
- Persons who arrived in Canada, directly or indirectly, from a country
other than their country of nationality or former habitual residence
and designated by the Immigration and Refugee Protection Act
regulations;
- Persons who were determined to be inadmissible on grounds of security,
human rights violations, serious criminality or organized criminality;
- Persons who had a previous refugee protection claim rejected by the
IRB;
- Persons who had a previous refugee protection claim determined to
be ineligible for referral to the IRB; or
- Persons who had a previous refugee protection claim withdrawn or abandoned.
Refugee Determination in Canada
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The Immigration and Refugee Board
The IRB is an independent Canadian organization that makes decisions
on claims for refugee protection in Canada. |
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Pre-Removal Risk Assessment
A person about to be sent back to a country where they would face
persecution, danger of torture, risk to life or risk of cruel and
unusual treatment or punishment, may apply for a Pre-Removal Risk
Assessment before their removal from Canada. |
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Humanitarian and Compassionate Review
People who would suffer hardship if they were returned to their home
country may apply to remain in Canada on Humanitarian and Compassionate
grounds. |
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Rights to Employment, Education and
Health Services
While their cases are being considered, refugee protection claimants
have certain rights and access to Canadian services. |
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