i. outside the country of their nationality and are unable, or by reason of that fear, unwilling to be protected by that country; or
ii. not having a country of nationality, are outside the country of their former habitual residence and are unable or, by reason of that fear, unwilling to return to that country.
This is in accordance with the definition in the 1951 Geneva Convention Relating to the Status of Refugees of which Canada is a signatory. Canada has also signed the 1967 Protocol relating 1951 Geneva Convention and incorporated both provisions into its Immigration Act.
Refugee claimants can apply for refugee status at the point of entry into Canada or upon their entry into Canada, legally or otherwise. For the latter category, time is not of the essence, so long as he/she is not disqualified under any of the 6 grounds of ineligibility. These include:
i. where the person have already been found to be a Convention refugee by another country,
ii. where the applicant is convicted of serious criminal offences or to be terrorists, war criminals, etc,
iii. persons subject to an unexecuted removal order.
The steps to be undertaken to claim refugee status involve:
i. Initial submission of refugee claim for assessment by an immigration officer;
ii. Formal filing of refugee claim with detailed outline of story and evidence of the factors responsible for your decision to claim refugee status;
iii. Hearing of claim before an Immigration and Refugee Board;
In case of refusal of application to be a Convention refugee, other recourses available to the claimant includes:
i. Filing of a notice to the Federal Court for judicial review of IRB decision within 15 days of receipt of decision plus mailing time;
ii. Applying for review to see if you belong to the category of the Post-Determination Refugee Claimants in Canada Class (PDRCC) within 15 days of receipt of decision plus mailing time. This policy is aimed at helping people who have a compelling reason to believe that their lives would be at risk if forced to return to their country of origin to apply for permanent residence status within Canada;
iii. Applying for Humanitarian and Compassionate consideration of your case;
iv. Alleging a claim against Canada for being in breach of an international convention it has signed.
Otherwise, applicant has 30 days within which to voluntarily leave the country.
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