Refugee Immigration

Canada is a signatory to the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol. Each year Canada grants permanent residency to approximately 30,000 refugees as part of an elaborate refugee protection operation that consists of two main components, the Humanitarian and Refugee Resettlement Program managed outside of Canada and the Refugee Protection Operation in Canada.

Canada is a signatory to the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol. Each year Canada grants permanent residency to approximately 30,000 refugees as part of an elaborate refugee protection operation that consists of two main components, the Humanitarian and Refugee Resettlement Program managed outside of Canada and the Refugee Protection Operation in Canada.

A recognized refugee is a person who, due to a justified fear of being persecuted for reasons related to race, religion, nationality, membership in a particular social group or political opinion, is outside his country of nationality and is unable to or, because of this fear, is unwilling to benefit from the protection of that Country.

A person in need of protection is a person residing in Canada who, if transferred to his country of his nationality or previous habitual residence, may be subject to the risk of torture, threat to his/her life or cruel and unusual treatment or punishment.

The majority of approved refugees are granted refugee status within Canada and submit their applications at the Canadian port of entry or at the internal Canadian Immigration Center office.

Once a CIC officer determines that the refugee protection applicant is eligible for a referral, the application is sent to the Immigration and Refugee Board (IRB) where a hearing takes place before an independent court consisting of members of the Refugee Protection Department who decide whether the claimant is a refugee or someone in need of protection.

Although the hearing is not inherently hostile, it usually takes place in the presence of the applicant’s legal counsel and the government official for refugee claims. If approved, the claimant may apply for permanent residency from within Canada. The process ends in about 18 months.

Before the hearing, plaintiffs are entitled under Canadian law to obtain a work permit or a student permit.

Certain categories of individuals are not eligible to refer their claims to the Immigration and Refugee Board.