Common questions

If you’re a youth (under 18 years old) and you’re arrested, you have the same rights as an adult in BC. This includes the right to speak to a lawyer without delay after you’re arrested. 

The police must:

• inform you of your right to speak to a lawyer, and 
• allow you to speak to a lawyer at the first reasonable opportunity after your arrest. 

How soon you can speak to a lawyer will depend on the circumstances of your arrest, including where you are when you’re arrested.

You also have rights under the Youth Criminal Justice Act (YCJA) that apply before the police can question you or get a statement from you as part of their investigation. You have the right to:

• speak to a parent, guardian, adult relative, or other appropriate adult that you choose before being questioned by or providing a statement to the police
• be given a reasonable opportunity for the lawyer and the adult you’ve contacted to be with you when you’re being questioned or making a statement 
• be told in age-appropriate language that you have the right to speak to a lawyer and a parent or other adult before being questioned by or making a statement to the police
• be given a reasonable opportunity to contact a lawyer and the adult you’ve chosen to speak to if they can’t be reached immediately, and 
• be told in age-appropriate language that any lawyer, and any parent or other adult you’ve spoken to after your arrest, must be with you when you’re being questioned or making a statement, unless you don’t want them to be with you 

Speaking to a lawyer

If you have a lawyer or you know the name of a lawyer you want to speak to, you can ask to contact them. Or you can ask the police for a list of lawyers, or you can ask to speak to a free lawyer from Legal Aid BC.

A lawyer will be able to give you legal advice about your situation. They can:

• give you more information about your rights,
• help you understand your rights and how to use them, and 
• explain your next steps.

Anything you say privately to the lawyer is confidential and can’t be used as evidence against you in court.

Speaking to the police

The police must:

• inform you of your rights, and 
• make sure those rights are fulfilled, 

before they can question you or try to get a statement from you, even after you’ve spoken to a lawyer. The police must tell you the reason for your arrest, and they’ll most likely ask you if you understand what you’re being arrested for. This isn’t the same as them asking if you committed the crime you’re being arrested for, or if you know the reason they’re arresting you for that crime.

You don’t have to:

• tell the police whether you agree or disagree with the reason for your arrest or whether you know why you’re being arrested,
• say anything about the crime being investigated, or
• answer any questions the police ask you as part of their investigation.

Anything you say to the police without being asked or encouraged, before they’ve had a chance to explain and act on your rights, can be used against you. Anything you decide to tell the police, after they’ve explained and acted on your rights, can be used against you. It’s a good idea to have a lawyer and a parent or other adult with you to help make sure your rights are protected. 

Being questioned by the police
The police can’t question you if:

• you’ve asked to speak to a lawyer or a parent or other adult, but you haven’t had a chance to speak to them yet, or
• you’ve contacted a lawyer or a parent or other adult to ask for them to be present with you, but they aren’t with you yet.

The police may try to get a statement from you by asking you questions or by attempting to get you to talk about the crime they believe you committed. They may also want to ask you questions about other topics that will help them investigate you for that crime. You don’t have to say anything to the police at any time. 

Making a statement to the police
A statement includes anything you say to the police. A statement isn’t limited to:

• a formal statement that’s recorded or written down,
• a confession or admission of guilt, or
• comments directly about the suspected crime.

Depending on the investigation, what you say to the police and the information you give them may be used as evidence against you in court or to help their investigation of you. 

LABC’s immigration coverage is for people entering Canada, or people who have already entered Canada, who want to make a claim for protection under s. 96 or s. 97 of the Immigration and Refugee Protection Act (IRPA). 

Coverage is based on risk to the person if they return to their country of origin.

We fund applications by people living in BC for the following:

• Refugee status under s. 96 of IRPA (fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion)
• Protection under s. 97 of IRPA (fear of torture or risk to life, or risk of cruel and unusual punishment or treatment)
• Permanent resident status on humanitarian compassionate grounds under s. 25 of IRPA for applicants who face unusual, undeserved hardship in their country of origin
• Pre-Removal Risk Assessment applications (which allow people who are ineligible to make refugee claims in Canada to still have their risk assessed)

We also fund appeals and judicial reviews of Immigration and Refugee Board of Canada (IRB) decisions.

Please see the Federal Court of Canada website.

If you lose your refugee claim, the time to file your notice of appeal to the Refugee Appeal Division (RAD) is 15 days. The deadline to perfect your appeal has been extended from 30 to 45 days.

The Refugee Protection Division (RPD) conducts hearings regularly. You or your lawyer will be contacted to schedule your hearing. Currently, the RPD is scheduling all claimants to participate in virtual hearings using MS Teams. If you agree to have your hearing by video, there are a number of technical requirements that must be met. The RPD will inform you of these requirements. Effective September 5, 2023, participants can apply to have their hearings.

Immigration, Refugees and Citizenship Canada (IRCC) is no longer accepting in-person claims at their offices. If you’re inside Canada and you’d like to make a refugee claim, you must, in most cases, apply using the IRCC Portal.

To submit a refugee claim using the IRCC Portal, see Claim refugee status from inside Canada: How to apply.

Before you can access The Portal, you’ll need to answer two questions regarding your location and your eligibility to make a claim. Once you’ve answered ​“Yes” to these two questions, scroll down to the question ​“How will you make your refugee claim?”. Select the ​“Online (you’re already inside Canada)” button. Follow the instructions that appear. There will be a link to a guide that can assist you with the process of making a claim.

Before you begin to make your claim, you’ll have to sign up for an IRCC Portal account (if you already have an IRCC Portal account, there’s a ​“Sign in” link). If you are being assisted by a lawyer, they can use their IRCC Portal account. 

To create an account, click ​“Sign up to submit your claim,” under ​“Need an IRCC portal account?”. You’ll have to submit your email address. You’ll then receive an invitation code. Use the code to create an account. Once you’ve created an account, follow the instructions to complete your claim. Once you start to enter information about your claim, you’ll have 90 days to submit it.

When the application is complete, IRCC will:

• send you an Acknowledgment of Claim letter, 
• give you instructions to complete your immigration medical examination, and 
• schedule you for a biometrics interview, and later an eligibility interview. 

After you’ve been found eligible to make your claim, your file will be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), and they’ll eventually schedule your hearing. In some cases, your case may be selected for a paper file-review process to see if a decision can be made without a hearing. If the RPD can’t come to a positive decision in a paper file-review then your claim will be scheduled for a hearing.

More information can be found on IRCC’s website.

Refugee Protection Division (RPD)

If a claimant made a claim for refugee protection at a port of entry and their claim was referred to the RPD on or after August 29, 2020, the RPD temporarily extends the time limit for the claimant to provide their Basis of Claim (BOC) form by 30 days from the date on which the BOC form would normally be due. Accordingly, the claimant’s BOC form will be due 45 days after the day on which their claim was referred to the RPD.

Inland claims are now made using an online portal called the IRCC Portal (The Portal). You use The Portal to input information and upload documents such as the Basis of Claim form (see ​“I am inside Canada and I want to claim refugee protection. How do I make my claim? [July 8]” below).

Fax the RPD at 604-666-3043.

Email the RPD at RPDWestern-SPRouest@irb-cisr.gc.ca.

For more information about making refugee claims, please visit the RPD website.

Refugee Appeal Division

Refugee Appeal Division (RAD) notices of appeal are now due 15 days after receiving written reasons from the RPD. Appeals must be perfected within 45 days from receiving the written reasons from the RPD.

Fax the RAD at 604-666-9870.

Email the RAD at IRB.RAD-W-O-SAR.CISR@irb-cisr.gc.ca.

For more information about how to appeal a negative RPD decision, please see the RPD website.

Immigration Appeal Division

All Immigration Appeal Division (IAD) deadlines have now returned to normal. By default, the IAD is currently scheduling all hearings as virtual hearings. Effective October 18, 2022, participants can apply to have their hearing in person or as a hybrid hearing. See the IRB website for details.

Fax the IAD at 604-666-3043.

Email the IAD at: IRB.IAD-WO-SAI.CISR@irb-cisr.gc.ca.

Immigration Division

For the Immigration Division (ID), detention reviews are being conducted by telephone or video. For non-detained cases, the ID will contact you or your lawyer to schedule a hearing. By default, the ID is currently scheduling hearings as virtual hearings. Effective September 5, 2023, participants can apply to have their hearing in person. See the IRB website for details.

You can find services and resources to help you as a new refugee from the following websites:

Government of Canada - Refugees and Asylum

Welcome to My Refugee Claim

BC CHARMS Refugee Claimant Navigation to connect with a settlement worker

You must continue following your Canada Border Services Agency (CBSA) reporting conditions, if you have them.