Immigration law issues

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 Canadian Refugee Protection Portal (The Portal). You upload documents such as the BOC using this portal (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 about submitting documents to the RPD, see their 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 about submitting documents to the RAD, see their website.

Immigration Appeal Division

All Immigration Appeal Division (IAD) deadlines have now returned to normal. The IAD is scheduling all hearings virtually unless it is not appropriate for a specific case.

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. If you wish to have your hearing by video, please advise the ID when they contact you.

Immigration, Refugees and Citizenship Canada (IRCC) is no longer accepting in-person claims. If you're inside Canada and you'd like to make a refugee claim, you can apply using the Canadian Refugee Protection Portal (The Portal) on the Government of Canada’s website.

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 link “Option 2: Submit your claim online after you arrive in Canada.” After clicking on this link, you'll be provided with an opportunity to create a portal account. Once you've created an account, login and follow the instructions to complete your application. You have 60 days from the creation of your account to complete your claim. If you wait more than 60 days, the information you've entered will be lost and you'll have to start again.

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.

More information can be found on IRCC’s website.

Yes, if you live in Canada, even temporarily, you may be eligible to receive temporary income support from the federal government. To get more information in your own language about who is eligible and how to apply, see the Government of Canada website.

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

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

The Refugee Protection Division (RPD) has resumed hearings. You or your lawyer will be contacted to schedule your hearing. Currently, the RPD is asking all claimants to participate in virtual hearings, by video 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.

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.

Immigration, Refugees and Citizenship Canada (IRCC) is administering a special program to recognize certain refugee claimants who were front-line health workers during the COVID-19 pandemic. If you apply for permanent resident status under this public policy after your refugee claim was rejected, your appeal options and RAD deadlines may be affected. Please see the Immigration and Refugee Board website for more information.