Immigration to Canada | Refugees and Protected Persons | Applying from Inside Canada

Applications for protection are determined by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB), a quasi-judicial, arm’s length tribunal of the federal government.

Applicants for protected person status who have applied at a port of entry or inside Canada must first be determined to be eligible to claim refugee protection. Certain individuals are not eligible to have their claims for protection determined by the IRB.

Section 101 of the Immigration and Refugee Protection Act states that the following persons are ineligible to have their claim for protection referred to the RPD:

refugee protection has been conferred on the claimant under this Act;
a claim for refugee protection by the claimant has been rejected by the Board;
a prior claim was determined to be ineligible for referral to the RPD, or to have been withdrawn or abandoned;
the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;
the claimant came directly or indirectly to Canada from a country designated by the Regulations, other than a country of his/her nationality or former habitual residence; or
the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

Mamann Sandaluk recommends that claims for protection be made at the first opportunity. Otherwise, the opportunity to fully present the claim might be compromised. We also recommend that claimants obtain legal assistance as soon as possible, as mistakes made early in the process can turn out to be very harmful to the application later on.

Applications for protection must be presented with considerable care. There are important deadlines that must be met. Even very strong cases must be properly supported by documentation and carefully presented in a manner readily understood by Canadian decision makers.

Applications for protection often involve complex legal issues and it is important to be represented by a skilled advocate who is experienced at representing clients before the IRB.

Immigration to Canada | Refugees and Protected Persons | Applying from Inside Canada

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