The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board (IRB). The Refugee Protection Division hears matters from individuals claiming protected person status. Claims can be made at an IRCC or CBSA office in Canada or a Port of Entry, such as an airport or border. You may also make a claim from outside of Canada, but such claims are not processed by the Refugee Protection Division, they are processed by IRCC. Claims for refugee status are made under two categories: a convention refugee or a person in need of protection.

The first step in your refugee claim is an intake assessment by a CBSA officer to determine your eligibility and ensure you are not inadmissible. You will need to complete a Basis of Claim (BOC) form, which carries the same weight as a statement made under oath. While you can make changes later, significant changes might raise concerns. You’ll also need to provide documents to verify your identity and support your claim. If you can’t provide this information, you’ll need to explain why and what efforts you made to obtain it.

If you make a refugee claim at a port of entry, you must submit the original Basis of Claim (BOC) form to the Refugee Protection Division within 15 days. For in-land claims, the BOC form must be given to the officer handling your claim. The officer has 3 days to decide if your claim is eligible for referral to the Refugee Protection Division. If no decision is made within 3 days, your claim is automatically considered eligible.

The CBSA officer may suspend the assessment if a report is made alleging inadmissibility concerns on grounds of security, violating human or international rights, serious criminality, organized criminality or the officer is waiting for the Court to make a decision on an offence the claimant has been charged with that carries a maximum sentence of 10 years or more. If the claim is found eligible, the claimant will be allowed to remain in Canada for the duration of the processing of the refugee claim.

Upon claiming protected person status, the claimant must appear for a hearing and has the burden to establish that the claimant is a convention refugee or a person in need of protection (although it is possible that the Minister grants refugee status without a hearing before the Refugee Protection Division).

After the hearing at the Refugee Protection Division, a claimant will be granted status as a protected person if the panel has found that the claimant is a convention refugee or a person in need of protection or be refused and then the conditional removal order will become effective within a designated time period unless an appeal is made to the Refugee Appeal Division and/or other steps under the law. If you are granted status as a protected person, you may apply for permanent residency. If your claim has been refused, you may appeal to the Refugee Appeal Division. It is important to note that if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision.

If you have been granted permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation matters, we encourage you to contact a legal professional.