Canada signed the Geneva Convention of 1951 and the 1967 protocol to the convention. The Canadian government uses the Geneva Convention definition of Convention Refugee.
Whether a person claims to be a Convention refugee at a Canadian port-of-entry or after entry into Canada, it is the Immigration and Refugee Board (IRB), which determines whether he or she is a Convention refugee. The IRB is an independent, quasi-judicial, specialized tribunal composed of members appointed by the government. (Source: http://www.asylumlaw.org/legal_tools/index.cfm?category=59&countryID=35)
APPLYING IN CANADA
After eligibility to apply is confirmed by Citizenship & Immigration Canada asylum seekers deal with the Immigration Refugee Board (IRB). The IRB is an independent administrative tribunal that decides refugee claims. Members are appointed by the Canadian government.
Applicants have 28 days to complete and lodge the Personal Information Form (PIF), which is the main application document. In the PIF applicants detail why they fear returning home.
>>View an Unoffical PIF (MS Word format, 411 kb)
As the PIF is a long and complicated document, most asylum seekers try to get some legal assistance in filling it out. Legal Aid is available to applicants in some provinces but not all parts of Canada, and applicants first have to apply for it. Some community organisations also provide legal assistance.
After lodging their PIF applicants wait for notification of when their case will be heard in the IRB, which usually takes between three and six months. Additional documents can be submitted and amendments made to support their application (things like identification documents, media reports from their home country) right up to the date of the hearing.
For more detailed information on the in Canada application process see the Canadian Section of asylumlaw.org and the FCJ Refugee Project’s How to Make a Refugee Claim in Canada
Source: http://www.survival-comparisons.org.au/can2.htmpif-english-canada.doc
Filed under: Asylum in Canada, Human Rights, Immigratoin Reform, Justice, Laws, Legal Development, Young Lawyers
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