Minister’s Counsel: A representative from CBSA or IRCC will sometimes be present to oppose your refugee claim. If so, they will tell you before your hearing. Your Counsel: If you hired a lawyer or an immigration consultant, this person will help you present your claim.
What happens at a refugee hearing?
At your refugee hearing, an IRB-RPD decision maker, called the Presiding Member, will consider your oral testimony, the testimony of your witnesses, your Basis of Claim Form (BOC), and any other evidence submitted to decide if you qualify for refugee protection.
How long does a refugee hearing take?
Last fall, the average wait for a refugee board hearing was 16 months. Now, it’s 20.
How long does a refugee hearing take in Canada?
for claims at a port of entry, the Refugee Protection Division (RPD) hearing must take place no later than 45 days after the day on which the claim is referred; for claims at an inland office, the RPD hearing must take place no later than 30 days after the day on which the claim is referred.
How do you prepare for a refugee hearing?
You must explain why you were not able to go to your hearing. You should try to bring evidence that supports your explanation. A Board member decides if your claim will go ahead or if it will be considered abandoned. If your refugee claim goes ahead, be prepared to have your hearing that day.
How long does refugee status last?
Refugee status is granted indefinitely and has no expiration date once the refugee has arrived in the United States. However, refugees are required to apply for permanent resident status (a green card) a year after living in the U.S.
Do refugees go back to their country?
Can I travel back to my home country? It’s possible to travel back to your home country, but it’s highly discouraged by most immigration attorneys (assuming this is the same country where you experienced past persecution or claim a fear of future persecution).
Do refugees get passports?
In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. The Refugee Travel Document is similar in appearance to a U.S. passport. How do I apply for a Refugee Travel Document? To apply for a Refugee Travel Document, file Form I-131, Application for Travel Document.
What happens after a refugee claim is accepted?
If your claim is accepted…
If this occurs, you will be notified, and given the opportunity to respond. If you receive a positive decision, you will get “protected person” status. If the Minister does not appeal within 15 days, this means you can stay in Canada, and you may be eligible to apply for permanent residence.
Can a protected person be deported?
As a rule, protected persons cannot be deported to countries where they would be at risk of persecution, torture, or cruel and unusual treatment or punishment. … Some permanent residents may fear persecution or face other serious risks in their country of nationality.
Can you visit your home country if you get asylum?
Asylees can travel outside the United States with refugee travel documents. It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport. … Asylees must only travel with a United States issued Refugee Travel Document.
How many refugees does Canada accept?
In 2019, Canada admitted 9,951 government-assisted refugees.
What are the main legal issues in every refugee hearing?
The Federal Court has stated that credibility is always an issue in refugee hearings and that no special notice needs to be provided to the claimant. Some cases have held, however, that issues such as identity, delay or failure to claim elsewhere require specific notice.
What is RPD hearing process?
The RPD will send you a Notice to Appear by mail when your claim is ready to be heard. On the Notice to Appear, there are two dates. The first date is the date of your hearing. … Hearings usually take half a day and take place in private in order to protect you and your family.