Refugees & asylum seekers
Asylum is granted to you in Canada if you meet the definition of convention refugee, or if you are a person to protect.
The Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) is responsible for deciding whether you can be granted asylum. Before this can happen, you must apply and, if you qualify, your case will be referred to the RPS for her to make a decision. To apply for asylum, you can:
1. Apply at any point of entry (airport, seaport, land border)
You can make a refugee claim upon arrival in Canada at any port of entry by completing an eligibility interview with a Canada Border Services Agency (CBSA) officer, completing the application kit and providing your fingerprints and a photograph.
Normally, you will need to complete the forms - which are provided by the CBSA officer - in person when you arrive. However, the officer may ask you to return to the port of entry or to an inland office for an interview at a later date.
The agent may also invite you to submit your asylum application online.
Once your claim has been submitted, if the officer decides that your claim is eligible, it is referred to the RPD for a decision.
2. Make a refugee claim after arriving in Canada
You can also make a refugee claim after you arrive in Canada. If you choose to make a refugee claim after arriving in Canada, you must submit an application duly completed including all supporting documents, as well as the FDA form.
Once your application has been submitted, if the officer decides that your application is eligible, it is referred to the RPD for a decision.
A Refugee Protection Division (RPD) decision-maker (called a "member") will use the information provided in your FDA form, along with your testimony at the hearing and other evidence, to decide if you can get asylum. At your hearing, the member may ask you questions about anything you have listed in your FDA form. The commissioner may also ask you other questions about items that are not in your FDA form.
If your asylum application is accepted:
IRCC or theCBSA may appeal to the Refugee Appeal Division (RAD) or apply for leave for judicial review to the Federal Court within 15 days. If this happens, you will be notified and you will have the opportunity to answer.
If you receive a favorable decision, you will obtain the status of “person in need of protection”. If the Minister does not appeal within 15 days, it means you can stay in Canada and you may be eligible to apply for permanent residence.
If your asylum application is rejected:
- You can choose to leave Canada voluntarily.
- If you are eligible, you can appeal to the SAR within 15 days of receiving your Notice of Decision and Reasons for Decision.
- If you do not have the right to appeal the SAR, you can file an application for judicial review in the Federal Court.
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