The Canadian Refugee System

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Canada Refugee System 

Refugee Resettlement
Asylum in Canada
Convention refugee
Cases Not Sent to the IRB
Refugee Determination in Canada


Refugees and persons needing protection are people in or outside Canada who fear returning to their country of nationality or habitual residence. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year.

Through its refugee protection system, Canada offers safe haven to people with a well-founded fear of persecution, as well as those at risk of torture or cruel and unusual treatment or punishment. Canada's refugee protection system consists of two main components:

• The Refugee and Humanitarian Resettlement Program, for people seeking protection from outside Canada; and

• The In-Canada Refugee Protection Process, for persons making refugee protection claims from within Canada.

Canada has signed the United Nations 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol This Convention protects refugees from being returned to a country where they would face persecution.

Refugee Resettlement
Canada has a number of programs to help refugees abroad re-establish in Canada. The Canadian federal government helps refugees resettle in Canada. The Refugee and Humanitarian Resettlement Program allow Canada to uphold its humanitarian traditions. In addition to government efforts, private sponsorships enable organizations and groups of individuals to assist refugees and other people in similar circumstances to rebuild their lives in Canada. 
Citizenship and Immigration Canada (CIC) selects refugees who are seeking resettlement in Canada. 

To be eligible for coming to Canada, refugees must not have another option within a reasonable time. Before accepting a person as a refugee, CIC will make sure that person cannot go home to their country of nationality or usual residence or stay in the country where they have been given asylum. CIC will also look to see if there is another country where refugees can resettle. Persons selected for resettlement undergo medical, security and criminality screening. They must also show that they will eventually be able to re-establish themselves in Canada.

Asylum in Canada
People who need protection can make a claim at a Canadian port of entry or at an inland CIC office. Scared of returning to their home country. A claim for protection can be made at a port of entry or at a Canada Immigration Center (CIC) office in Canada. Once a CIC officer decides that a refugee protection claimant is eligible to be referred, the claim is sent to the Immigration and Refugee Board (IRB) for a decision on the risk on return. Protection is conferred when the IRB determines that they are a Convention refugee or person in need of protection.

Convention refugee
A Convention refugee is a person who is outside of their country of nationality or habitual residence and who is unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group. Person in need of protection. A person in need of protection is a person in Canada whose removal to their country of nationality or former habitual residence would subject them to the possibility of torture, risk to life, or risk of cruel and unusual treatment or punishment. Protected personA protected person can either be a Convention refugee or a person in need of protection.

Cases Not Sent to the IRB
The following categories of persons are not eligible to have a claim referred to the IRB: 

• Persons recognized as Convention refugees by another country to which they can be returned; 
• Persons already determined to be protected persons under the Immigration and Refugee Protection Act or its regulations; 
• Persons who arrived in Canada, directly or indirectly, from a country other than their country of nationality or former habitual residence and designated by the Immigration and Refugee Protection Act regulations; 
• Persons who were determined to be inadmissible on grounds of security, human rights violations, serious criminality or organized criminality; 
• Persons who had a previous refugee protection claim rejected by the IRB;
• Persons who had a previous refugee protection claim determined to be ineligible for referral to the IRB; or
• Persons who had a previous refugee protection claim withdrawn or abandoned.

Refugee Determination in Canada
The Immigration and Refugee Board The IRB is an independent Canadian organization that makes decisions on claims for refugee protection in Canada.
Pre-Removal Risk Assessment face persecution, danger of torture, risk to life or risk of cruel and unusual treatment or punishment, may apply for a Pre-Removal Risk Assessment before their removal from Canada.

Humanitarian and Compassionate Review People who would suffer hardship if they were returned to their home country may apply to remain in Canada on Humanitarian and Compassionate grounds.
Rights to Employment, Education and Health Services While their cases are being considered, refugee protection claimants have certain rights and access to Canadian services