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Navigating Refugee Claims & Immigration Appeals
Refugee Claims & Appeals
Canada's refugee system provides a vital sanctuary for those fleeing persecution, torture, or other forms of mistreatment in their home countries based on factors like race, religion, nationality, political opinion, or social group membership.
The Immigration and Refugee Board (IRB) serves as an independent tribunal handling immigration and refugee cases, including appeals for applicants who received unfavorable decisions. It comprises two crucial appeal divisions: the Immigration Appeal Division (IAD) and the Refugee Appeal Division (RAD).
Eligibility for Refugee Status
- Presence Requirement
- To qualify for refugee status in Canada, individuals must be physically present in the country or at a Canadian port of entry.
- Genuine Fear of Persecution
- Claimants must demonstrate a sincere fear of persecution or danger if they return to their home country or the country where they usually reside.
Refugee Claim Process
- Border Claim
- Individuals arriving in Canada and seeking refugee status must make their claim at the border or port of entry, known as an "irregular border" claim.
- Inland Application
- Those already in Canada and fearing persecution must apply for refugee protection through the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal responsible for deciding on refugee claims.
Immigration Appeal Division (IAD)
Sponsorship Appeals
Purpose
- The IAD handles appeals concerning sponsorship applications made by Canadian citizens or permanent residents for family members seeking permanent residency.
Appeal Process
- If a sponsorship application is rejected, the sponsor can appeal to the IAD to challenge the decision and seek approval for their family member's immigration.
Removal Order Appeals
Purpose
- The IAD addresses appeals lodged by individuals facing deportation from Canada, known as removal orders.
Appeal Process
- Those issued with removal orders have the option to appeal to the IAD to contest the decision and request permission to remain in Canada.
Fostering Family Unity Amidst Displacement
Refugee Protection Division (RPD)
Refugee Appeal
Purpose
- The RAD handles appeals concerning refugee claims that have been rejected by the Refugee Protection Division (RPD).
- Its role is to review RPD decisions and determine whether any errors were made in the findings.
Appeal Process
- If a refugee claim is denied by the RPD, the claimant has the option to appeal to the RAD for a review of the decision.
- The RAD assesses the case independently and considers whether the RPD's decision was fair and accurate.
Important Considerations
- Not all immigration or refugee decisions are appealable, and eligibility criteria apply.
- Strict time limits, set by the IRB, govern the submission of appeals after receiving a negative decision.
- Due to the complexity of appeals, individuals are advised to consult qualified immigration or refugee lawyers or consultants.
Reuniting with your loved ones across borders.
Contact us today to explore your options and navigate the refugee claim process with confidence.
