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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• Persons who had a previous refugee protection claim withdrawn or abandoned.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

	The Immigration and Refugee Board The IRB is an independent Canadian organization that makes decisions on claims for refugee protection in Canada.
	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.
	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.
	Rights to Employment, Education and Health Services While their cases are being considered, refugee protection claimants have certain rights and access to Canadian services.