Refugee Protection Division
The Refugee Protection Division(RPD) member will decide whether you are a Convention refugee or a person in need of protection. The member either will tell you the decision and the reasons for the decision orally at the end of the hearing, or will send the decision in writing after few days.
Canada provides protection to people who have fled away from their home country due to a well-founded fear of persecution, for reasons of race, religion, nationality, membership in a particular social group, or political opinion.
It is your responsibility to justify your refugee claim at the IRB hearing. If the Board member finds you consistent, plausible, and credible, your claim will be accepted. In the end of the hearing, you may receive the decision from the board member.
I have a track record of success in representing Refugee Claimants at Immigration and Refugee Board(IRB), Canada for over eight years. The claimants receive professional and one-to-one services, and they will be well informed about their situations and the protocols to be followed and assimilated during the IRB hearing at the Refugee Protection Division.
If you are outside of your country of nationality and is unable or, by reason of that fear, unwilling to avail yourself of the protection, and you are unable or, by reason of that fear, unwilling to return to that country, you may be eligible for refugee protection in Canada. Please contact us for details about the procedures and the representation for a refugee claim. We commit to providing you highest quality professional services which have already been proven by our results. For details, please contact us.
How ND Paralegal Services help to its clients
Naba Dhungana will represent clients through their refugee claim process, prepare them for questioning at their hearing, and make effective and persuasive oral submissions on their behalf before the Refugee Protection Division Board Member.
I always advise the clients for gathering the necessary information and documentary evidence to support and frame our client’s refugee claim. I also provide guidance to my clients on the kind of personal documents and evidence in order to maximize their chances for a positive outcome.
Likewise, Naba will will make extensive research to support the client’s case with the most up to date materials from reliable sources. We will prepare the clients with questions and answers expected to receive from the Board Member at the hearing.
Who is a Convention Refugee?
A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of the previous residence because they have a well-founded fear of persecution based on:
d) Political opinion
e) Being a member of a specific social group
Who is a person in need of Protection?
A person in need of protection is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include the risk that is a product of the country’s inability to provide adequate health or medical care.
Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.
Are you eligible to make a refugee claim?
You cannot make a claim for refugee status in Canada if you:
a) Have already been granted refugee status in Canada or another country
b) Have been refused previously for refugee protection in Canada
c) Have had a prior claim that was determined to be ineligible, withdrawn, or abandoned
d) Have committed crimes including, but not limited to, war crimes, crimes against humanity, serious crimes outside the country of refuge, or other acts that are contrary to the principles of the United Nations.
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule.
The first is if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, holds a work or study permit or is over the age of 18 and has an active Refugee matter before the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.
What will happen at your Refugee hearing
The following procedures have been practiced for long during the hearing at Refugee Protection Division (RPD).
1. The hearing begins
The member will introduce everyone and explain the hearing process to you. You will then make a solemn affirmation, which is a promise to tell the truth.
2. Exhibits are numbered
The member will go through all the documents that have been submitted into evidence and will assign an exhibit number to each. The member may also look at the original documents that you bring to the hearing.
3. You will testify
You will be asked questions by the member and by your counsel (if you have one). If you do not have counsel, the member may ask you more questions and give you an opportunity to tell the member what you think is important. The Minister’s counsel (if participating) may also ask questions.
4. Witnesses will testify
If you bring any witnesses, they will testify after you have testified. Any witnesses you bring to your hearing will be asked to stay in the waiting room and will not join the hearing until after you have testified. The witnesses will then be asked to come in one by one to answer questions.
5. Comments (representations) will be made about your case
After you and any witnesses have testified, the member will ask you or your counsel to explain why you think your claim should be accepted. If the Minister’s counsel is participating, the member will give them an opportunity to comment on your case as well.
6. The member will make a decision.
The member may decide your claim and tell you orally the decision at the end of your hearing or they may wait and send you the decision by mail. In either case, you will receive a written Notice of Decision, which states the decision and the reasons why your claim was accepted or rejected. If your claim is rejected, the Notice of Decision will also indicate whether you can appeal to the Refugee Appeal Division (RAD) or make an application to the Federal Court.
Should you have any concerns and need more legal help, contact us.
Quick Questions & Answers
It is important to get a legal representative to review your documents before they are submitted. It can be difficult to know what documents and information from your home country will support your claim.If you have language difficulty to understand English or French, it will be easier for you to get the legal representative who can help you in your native language.
Your documents must be consistent with the contents of your BOC form and immigration forms. Your lawyer or representative will make sure that all of your documents, forms and country information match. Even the smallest difference in dates, names or facts can create problems for your claim.
IRB accepts documents only in English or French language. If your documents are in other languages other than the English or French, you should get it translated into either one of the official languages. Please contact to your legal representatives, he will help you to get it done.
The large backlog of claims in the refugee determination system is caused by the government’s failure to appoint sufficient Board members to make decisions.
In recent years, the Immigration and Refugee Board has been significantly short of members, at times lacking as many as a third of its members.
The Auditor General, in her March 2009 report, raised serious concerns over the shortfall and high turnover of Board members. She found that:
The high number of Board member vacancies at the IRB had a significant impact on the Board’s capacity to process cases on a timely basis. The inventory of unresolved cases has reached an exceptionally high level.1
The backlog is causing enormous hardship for refugees who are forced to wait years before receiving protection and being able to get on with their lives in security. Some refugees are separated from immediate family members overseas – during the wait there is no prospect of family reunifi cation, even if their relatives are at risk.
Canada has legal obligations to all refugees, whatever the country of origin. Of course, in some countries citizens can find protection against persecution – this is recognized in Canada’s refugee determination system which presumes that state protection is available in countries that are fully developed democracies.
However, it is not a simple matter to identify which countries can protect their citizens, and there may be changes over time and exceptions to the general rule. Furthermore, formally labelling some countries in this way risks causing diplomatic offence to countries that are not so labelled. It is an inconvenient truth that good trading partners can still be the source of serious human rights abuses.
Members of minority religious groups or ethnic minorities who fear persecution from the general population or non-governmental organizations where the police are unable or unwilling to protect them. Members of an opposition political party who fear retribution because of their political opinion or their refusal to support the government. People who are persecuted by a powerful criminal gang or mafia such as drug traffickers. Homosexuals who are persecuted simply because of their sexual orientation.
Women who fear beatings from their husbands, violence or other serious forms of punishment from other family members.
Women who refuse to conform to expectations such as arranged marriages, dress code and genital mutilation. In fact Canada is a world leader in recognizing gender-based persecution and has issued guidelines to ensure that these claims are dealt with in a fair and sensitive manner.