Immigration law issues

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

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). It replaces the Canadian Refugee Protection Portal (CRPP). 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 a 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.

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.

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.

The Refugee Protection Division (RPD) has resumed hearings. 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 October 18, 2022, participants can apply to have their hearings in person or as a hybrid hearing.

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.

The IRCC Portal began operating on September 13, 2022, and replaces the Canadian Refugee Protection Portal (CRPP), previously used for making claims for refugee protection. If you started making your claim using CRPP prior to September 13, 2022, you can continue to use it to file your claim, but you must submit your claim before December 31, 2022. 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.)

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 file-review 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.