Note: If you’re under a removal order, you can’t make a refugee claim. But that decision won't take effect for 6 months. The IRB is an independent board that makes decisions on immigration and refugee matters. Based on your responses, the officer will decide if your claim is eligible for referral to the Immigration and Refugee …
After claiming asylum at the border or in Canada, government officials will conduct an interview to decide if you are eligible to have your case considered by the Immigration and Refugee Board of Canada (IRB). The United Nations Refugee Agency (UNHCR), along with private sponsors, identifies refugees for resettlement. Don’t wait until after the interview to raise these concerns.Steps to Justice is a collaborative project led by CLEO and is funded by:CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)Immigration, Refugees and Citizenship Canada (IRCC)What happens if I make a refugee claim when I arrive in Canada?This site contains general legal information for Ontario, Canada. For example, the State cannot provide protection from domestic abuse. Without an interview it is more difficult to establish the applicant’s credibility and eligibility, particularly in the absence of reliable supporting documentation.Officers should consider waiving an interview only when:If the interview is waived, then medical examinations and background checks are initiated and then the officer proceeds to If the interview is not waived, the officer proceeds to Prepare for the interview.A stay of a deportation order does not constitute a durable solution. The officer must apply the principle of Processing begins when an application is received and assessed at the visa office. Step 1: Eligibility Interview. Once you make your claim for refugee protection, you will be required to attend an eligibility interview with an Immigration, Refugees and Citizenship Canada or Canada Border Services Agency officer. To refuse an application following a no-show, an interview convocation letter to the applicant needed to clearly communicate that:If the visa office loses contact with a privately sponsored refugee, the sponsoring group should be notified.
Otherwise, the visa office should:Interviews may also be waived in urgent protection cases that are fully documented and in locations that cannot be accessed by a visa officer.
The reasons for refusal must be clearly explained to the applicant and should disclose the information that led to the decision.If a person was not found to be a member of any of Canada’s refugee classes, officers should not refuse the application on the basis of their having another durable solution, but rather, the person should be refused because they are not a member of a prescribed class.The officer may refuse the application for resettlement in Canada on the basis that the individual has not sought the protection of the host country. So the STCA rules will continue as they are now at least until February 2021. not outside their country of origin). For example, refusing persons on the grounds they lack the personal qualities to establish themselves without an interview could be hard to defend. Note that refugees admitted under the It is not recommended to waive the interview, since many details, such as identity, relationship to and dependency on the principal applicant, and whether the dependants are refugees in their own right, must be verified. Refusal is based on non-compliance with R139(1)(d): visa officer unable to rule out possibility of another durable solution.The officer may refuse the application on the basis that the applicant has not sought the protection of the host country. The notes will be compared to the information you include in your refugee claim forms and what you say at your hearing.Your refugee claim might not be accepted if you do things like:It’s important to answer questions truthfully and as clearly as you can. Once this has been provided and if the evidence in the new application does not add any new information, the officer may choose to make a final determination without an interview, based on the evidence submitted. Applicants are invited to an interview at a Visa Office abroad via email or by phone. Refer to OP 1, Section 8: Procedural fairness if refusing without an interview.In some countries, failed asylum claimants are permitted to reside in the country and exercise most of the same rights as a foreign national without the threat of Where after interview, the officer determines that the applicant is a member of one of the Canadian program refugee classes and meets program criteria, the officer will complete processing as for any other application.In most instances, this means a durable solution is available because the person has been granted asylum. identifying special needs and destining considerations). The individual has the burden of proving that her or his claim is eligible to be referred to the RPD.
The application for resettlement in Canada should be refused under R139(1)(d).In exceptional circumstances, there may be cases where the host country recognizes a person as a Convention refugee, but the legal or physical protection needs cannot be guaranteed by the State. An eligibility interview ensues wherein the individual gives personal information and a brief explanation of why protection in Canada is being sought. Before you make a refugee claim in Canada, it’s a good idea to understand the eligibility rules to figure out if you can make a claim. Your identity will be checked by national and international police to make sure that you are who you say you are and that you’re not a danger to Canada. Some people are not eligible to claim refugee protection in Canada. A copy is also sent to the Refugee Board to be included as part of your case. Your ability to speak English or French is not important for your refugee claim. Pursuant of subjection 16(1.1) of the immigration and refugee protection act. They should give you a copy of their notes.
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