Inland Refugees

If you arrive in Canada seeking asylum, an officer from Citizenship and Immigration Canada (CIC) will interview you, to determine if you are eligible to have your refugee claim heard. You will be interviewed through a questionnaire which you must complete.

If the CIC officer decides that your case is eligible for consideration, you will be issued a temporary Interim Federal Health (IFH) certificate and your case will be referred to the Immigration and Refugee Board (IRB), who will decide if you fall under the UN 1951 Refugee convention's definition.

You will then have 28 days to submit a Personal Information Form (PIF) to the IRB. The PIF is the main written document that details why you fear returning home. The PIF is what the IRB will use to make a decision on your case. Most of the questions are related to your identity, how you came to Canada, your family history and composition, your education, criminality and mainly the reason why you fled your country. The PIF is a long and sometimes complicated document and most asylum seekers get some legal assistance to file it.

You will then have to wait several months for the IRB'snotification of when and where your case will be heard. During this time, you may make amendments and include additional documents to support your case 20 days up to the date of your hearing. The best thing would also be to be prepared for the hearing. Sometimes the IRB may hold a pre-hearing to narrow issues for the disclosure of evidence.

The hearing, which is private and confidential, is usually conducted by two members of the IRB. Mostly those involved in the hearing include yourself, your lawyer or legal representative, a qualified interpreter and the refugee claim officer. If you are not represented, you can present your own case.

There are organizations in Canada that provide legal and other assistance to refugees and asylum seekers. There are also a number of organizations that run shelters or hostels to assist refugee applicants with accommodation.

As an asylum seeker in Canada, you will have to find your own accommodation while your claim is being processed. A copy of your PIF will be used to apply for a work permit and a study permit. Refugee claimants receive health services under the Interim Federal Health Program

What happens after your refugee claim is rejected?

There may still be other alternatives. It is not a guarantee but find out if any of these alternatives may allow you to remain in Canada.

Judicial Review
After your refugee claim has been rejected by the Immigration and Refugee Board (IRB), you must get a lawyer to apply on your behalf to the Federal court 15 days after the decision was made. A request for re-assessment by the federal court will put your removal order on hold and you can remain in Canada until the court makes its decision. Should the court agree with the decision IRB made, then you must leave Canada within 30 days as you will now be under a removal order.

Pre-Removal Risk Assessment (PRRA)
If you are asked to leave Canada, you will be given a notice informing you that your removal order is being enforced. You will then apply for a Pre-removal Risk Assessment, where an officer will review your case and other evidence you provide. If you qualify for a PRRA, an application form and guide will be sent to you. This will stop your removal order for another 15 days.

Humanitarian and compassionate grounds
You can apply to stay in Canada on humanitarian and compassionate grounds if you are a refugee claimant whose claim has been rejected by the IRB. However, if you have received a removal order, your application will not prevent or delay your removal from Canada. In this case, therefore, you must leave before or on the day stated on your removal order. Your application will still be processed and CIC will notify you about the decision on your case. This process may take several years before a decision is made.