Who can Make a Refugee Claim in Canada?

Canada will allow anyone who is not a Canadian citizen to make a refugee claim.  The claim can be filed at any Canadian port of entry, the Border Services Agency or at a Canada Immigration Center.  An officer will interview the person and if the claim is determined as eligible it is sent to the Refugee Protection Division.

The burden of proof lies with the refugee.  The claimant has to show that he or she is eligible for protection.  According to Canadian law, the person is ineligible under the following circumstances:

? Claimant already granted protection as refugee in any country
? Claimant previously denied Canadian refugee protection
? Claimant entered Canada through a safe third country that would have allowed claim for refugee protection
? Claimant is a security risk, known to violate human rights, committed serious crimes, or member of organized crime group.

Claims determined as ineligible will be offered a hearing.  A packet of information, including a Personal Information Form will be given to the claimant.  This form must be completed and received back at the immigration office within 28 days.

Persons facing a hearing may want to consult with an immigration lawyer.  The immigration attorney has experience and training in dealing with the immigration services and helping persons to complete the necessary paperwork.

In completing the Personal Information Form, there are some vital things to remember.

• The form must be completed and returned on time.  Be sure to allow timer for the delivery of the form to the CBSA.
• A Personal information form must be completed for each person, including children under 18, even though parts of the form may not apply to children younger than 6.
• The parent signing the PIF is normally designated as a child's representative and has responsibility to make decisions on behalf of the child.
• Children traveling alone may have a representative designated by the IRB.  The representative must sign the completed Personal Information Form.
• Forms may be completed in either French or English.  An immigration law firm may have a translator on staff that can help to ensure that the information is both clear and accurate.  
• The whole story must be told with no details left out.  Complete each blank on the form.  If a question is not applicable, write N/A in the blank.
• Claimants are responsible for the information in the Personal Information Form.  If immigration lawyers have completed the form, the person making the claim must ensure the information is correct and true before signing.

Once the form is received, it is reviewed to determine if a hearing is necessary or not.  In some cases, the determination to allow immigration is made without a hearing at all.  If more information is needed or the case is less clear cut, the applicant may qualify for an expedited hearing or may need to face a full hearing.   Even if a full hearing is held and it is determined that the applicant is not eligible for immigration into Canada, the decision can be appealed for another hearing.

This website does have experienced immigration attorneys that can help clients through every step of the process to become a Canadian citizen through the refugee process. While the process is involved at times, the results of living without the danger and persecution are often worth the effort.