Canada Immigration as a Refugee

Canada is a relatively welcoming country for refugees. For example, Canada accepted more than 40,000 refugees in 2017 which is about 14% of all the new immigrants to Canada. Refugees come to Canada under two major groups.

 ● Resettlement: These people are displaced from their country. They usually file refugee with the Office of the United Nations High Commissioner for Refugees (UNHCR). Canada accepts some of these refugees under its obligations to the United Nations. Resettled refugees enter Canada as permanent residents. The processing of such applications happens outside Canada.

 ● Local claims: Some people claim refugee status at a Canadian port of entry or while they are inside Canada. The authority that ultimately makes decisions about these people is the Immigration and Refugee Board of Canada (some exceptions apply).

The Border Services Officers (BSO) examine every person who intends to enter Canada at a port of entry. If you claim refugee status, the BSO takes the following steps:

(1) Decide whether they need to use the services of an interpreter or not. Many BSOs speak non-official languages of Canada, especially if you are crossing a vital port of entry, such as Toronto Lester Pearson airport.

(2) Asks you if you need representation. For example, you may hire a lawyer or an RCIC to help you.

(3) Reviews the IRCC, CBSA, and the police databases to see if anything related to your history or identity is available.

(4) If necessary, consult with the visa office responsible for your country of origin.

(5) Takes your biometrics.

(6) Searches and reviews your documents.

(7) Decides on how to proceed.

Generally speaking, there will be three scenarios at this point:

 ● The BSO gives you 15 days to complete all necessary forms (such as the Basis of Claim) and documents. They also refer you to the Immigration and Refugee Board of Canada (IRB) for a refugee hearing and decision; or

 ● The BSO detains you for further investigation or interviews. Detention could occur because of inadmissibility reasons or lack of proper documentation; or

 ● The BSO directs you back to the United States. This only happens if you enter Canada via the US and are not exempted from the Safe Third Country rules.

If the officer realizes you may not file for refugee, they won’t refer to IRB.