Refugee Protection

Refugee Protection Division

The refugee protection division plays a crucial role in protecting the rights of the refugees residing in Canada. Simply put, they hear all the issues and difficulties from every individual who claims. So, no refugee is deprived of their legal rights.

No matter in which part of Canada you reside, you can always claim for a refugee appeal division of Canada at the IRCC or the CBSA office. After then, these claims will be further process and check by the protection division for the refugees.

Refugee Protection Division

After making a claim, the next step that the authority handles is checking and confirming the person’s eligibility. If s/he passes, they will get the refugee status, and if s/he fails, they need to appeal again by re-correcting the mistakes (if possible).

You can also claim refugee status while living outside of Canada, but these will be handle by the IRCC instead of the refugee protection division. Meaning, this protection division for refugee only deals with those refugees issues who live in Canada.

Types Of Refugee Status

2 types of refugee status are entitled and given in Canada, based on various factors:

Convention Refugees

Convention refugees are those people who live outside their home country as it is unsafe for them to live there. For instance, war is ongoing in their national country, or it might be due to religious or political issues.

Person In Need Of Protection

A person in need of protection status is for those who cannot return to their country due to their personal fear of life in their motherland. For instance, the country is too cruel and strict in rules, extreme torture or life risk, etc.

It is not applicable for those who want to leave their country due to a lack of proper medical treatment. Instead, in such case, they can apply at any time for getting immediate treatment.

Note:

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One thing to note, for applying for both refugee status, you must provide the refugee protection board with the necessary documents and evidence which proves you are eligible.

Who Are Eligible To Claim Refugee Status?

Not everyone is an ideal candidate for applying for the refugee status claim, let alone getting it. So you should know the eligibility criteria before planning to apply.

Let us know the eligibility criteria, so you can know whether you are eligible to apply or not:

  • You have refugee status under another country
  • Your claim is groundless and has no reasonable cause
  • The claim is rejected or withdrawn by the authority due to multiple factors
  • Have past criminal backgrounds

So if you fall under any criteria mentioned above, then you are not eligible to apply for refugee status in Canada.

What Happens After The Refugee Hearing?

Once your refugee claim gets submitted, the in-charge officer determines whether you are eligible for making a claim or not and then file a BOC form.

After then the claim is given to the protection division of refugee and then schedules a hearing date to finally determine whether they should give you the refugee status or not.

As a result, the refugee protection division under the Immigration And Refugee Board of Canada (IRB) either accepts or rejects the claim on the hearing date. So now the question may arise in any situation, what must be my next step:

Claim Gets Accepted

If it gets accepted, you immediately will get the protected person status. Meaning, you can stay in Canada and can also anytime for becoming a permanent resident of Canada.

Claim Gets Rejected

If the claim gets rejected for any reason, then it will ultimately mean that you have to leave Canada.

However, based on your current situation, you can either accept the decision or re-apply or appeal to further review the Immigration And Refugee Board of Canada decision. After then, the federal court of Canada will process and do a judicial review on it.

If you want to avoid the risks of your claim getting rejected, then before appealing the claim, you need to apply for a pre-moval risk assessment (PRRA). It is a written document stating why you are afraid to return to your native country.

To Conclude

The entire procedure of a refugee claim can be quite hectic and challenging, especially if it is your first time. That’s why the best is to take legal help from an experienced person in these fields. As with an experienced and skilled person help, the process will become much easier and smoother for you. Moreover, the chances of getting accepted will also get higher.