Immigration IRB

Making a Claim Refugee Claim 

You can make a claim for refugee protection at any port of entry (airport, seaport, land border). An officer from the Canada Border Services Agency will conduct an interview with you in order to determine whether or not you are eligible for refugee protection. You must also complete the application package (Refer to the Document Checklist Page). If the officer deems you eligible then your application will be referred to The Refugee Protection Division (RPD); a division of the Immigration Refugee Board of Canada. You will receive a Confirmation of Referral, Important Instructions for Refugee Claimants and Claimants Guide from the officer once your claim has been referred to the RPD. 

You will also be given a Basis of Claim Form (BOC Form) that must be submitted for each family member, 15 days following the date of referral to the RPD. 

You can make a claim for Refugee Protection at certain Immigration, Refugees and Citizenship Canada (IRCC) offices, the same procedure mentioned above applies to claims made to an IRCC office.  

Providing the Basis for your Claim

In your Basis of Claim Form (BOC Form) you will be required to provide details regarding who you are and the reason(s) for why you are seeking refugee protection in Canada. The form must be completed in either English or French and can be completed with the help of an interpreter. At your hearing, the member will use the information you provided, your testimony and any other evidence in order to determine whether you are qualified for refugee protection. 

If you are signing a BOC Form for a child aged 0-6 you are only required to complete Part 1 of the BOC Form (“Who you are”) if the child is 7-17 years old then you must answer all of the questions. 

Please note that you should not send the RPD your BOC Form through regular mail. You can send your BOC Form by courier, fax (If less than 20 pages in total) and in person at the regional office handling your claim. If you choose to electronically send your BOC Form or send it by fax to the RPD, the original copy must be provided at the beginning of your hearing. 

If you make a mistake on your BOC Form you must re-send the original copy of your BOC Form with underlined changes or additions to the RPD and they must receive the amended copy at least 10 days before your hearing. The changed pages must be signed and dated. 

Receiving your Decision 

If your claim for refugee protection is denied and you wish for the decision to be reviewed then you may appeal the decision to the Refugee Appeal Division (RAD) within 15 days following the date of when you received the Notice of Decision and reasons for decision. If you do not meet the requirements for appeal to the RAD then you may apply for judicial review to the Federal Court of Canada. You may also choose to leave Canada voluntarily. 

If your claim is accepted the IRCC or the CBSA may appeal the decision to the Refugee Appeal Division or seek judicial review at the Federal Court of Canada within 15 days. You will be notified if this were to occur and given the chance to respond. 

If the RPD Decision is positive then you will receive “protected person” status and may be eligible to apply for permanent residence. 

Filing an Appeal

If you do not receive a positive decision from the RPD regarding your claim and disagree with the decision you may file an appeal in order for the Refugee Appeal Division to review your claim. The Appeal must be filed no later than 15 days after the day on which you received the RPD decision. You will have to provide three copies of the Notice of Appeal to the regional office handling your claim by delivering, mailing or faxing it. 

Three outcomes can result from your appeal to the RAD:

1. Appeal is allowed: RPD decision is set aside

2. Appeal is allowed: RPD decision is confirmed

3. Refer (send) the case back to the RPD and order a new hearing, giving the RPD the directions that is considers appropriate. 

If your appeal is accepted then the IRCC or the CBSA may apply for judicial review from the Federal Court of Canada within 15 days and you will be notified of such. 

You will receive "protected person” status if you receive a positive decision and can possibly apply for permanent residence. 

If your appeal is rejected you may apply for judicial review at the Federal Court of Canada. 

If your claim is referred back to the RPD by the RAD then you will receive further instructions and a rehearing date from the RPD.

Appeals Hearings

Spousal Sponsorship Appeal: An appeal to the Immigration Refugee Board can be made for the refusal of a spousal sponsorship application, within 30 days following the date that you received the visa officer’s decision.

Parent(s) and Grandparent(s) Sponsorship Appeals: A sponsor can appeal to the Immigration Refugee Board when a visa officer renders a negative decision regarding their parents/grandparents sponsorship application within 30 days of receiving the decision.

Immigration Appeals

Notice of Appeal removal order appeal

This Notice of appeal is required to appeal a removal order received at an admissibility hearing or at an examination.

Notice of appeal- residency obligation appeal

This Notice of Appeal form is require to appeal a decision made outside of Canada that a permanent resident did not meet their residency obligation.

Admissibility Hearings & Admissibility Appeals

An admissibility hearing is held by the Immigration Division to determine whether or not an individual is eligible to enter into Canada or remain in the country for reasons such as: criminal convictions, human or international rights violations, risk to security in Canada, etc. If a removal order has been made against you, an appeal can be made to the Immigration Appeal Division to stay the order.