January 2006
Note: This document is not a legal document. For precise, legal information, please consult the Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, and IRB Rules.
Questions concerning claims presented in Canada | Questions |
IRB |
CIC or CBSA |
FEDERAL COURT |
|---|
| To whom do persons have to apply for refugee protection status? |
No |
Yes |
No |
| Who decides whether the claims should be sent to the IRB ("referred")? |
No |
Yes |
No |
| Who hears and determines refugee protection claims? |
Yes |
No |
No |
| Apart from the claimant, who can participate in the proceedings before the IRB? |
No |
Yes |
No |
| If IRB grants refugee protection status, to whom may refugees apply for permanent resident status? |
No |
Yes |
No |
| If the IRB rejects the refugee protection claim: |
|---|
| 1. To whom may some failed refugee claimants submit an appeal of their decision? |
Yes |
No |
No |
| 2. To whom may failed refugee claimants apply for judicial review? |
No |
No |
Yes |
| 3. To whom may failed refugee claimants apply for their case to be reviewed on humanitarian and Compassionate grounds? |
No |
Yes |
No |
| 4. Who does the Pre-Removal Risk Assessment for failed claimants? |
No |
Yes |
No |
| 5. Who remove failed refugee claimants from Canada? |
No |
Yes |
No |