A person who is afraid to return to his or her country can ask the government of Canada for special permission to stay here. This request, called a refugee claim, can be made at the Canadian border, at an airport, or at an Immigration office inside the country. There is no fee to make this request.

In rare cases, the government may refuse to consider a refugee claim (for example, if a claimant has committed crimes against humanity, has made a refugee claim in Canada in the past, or is arriving from the United States at a land border without meeting any of the exceptions under the Canada/U.S. Safe Third Country agreement). In most cases, however, a refugee claimant will have the right to have their case heard at a live hearing before the Immigration and Refugee Board.

Upon making a refugee claim, a claimant will be given a large legal document to fill out, called the Personal Information Form. In this Form, the claimant sets out why he or she is afraid to return home. After completing this form and submitting it to the Board, the claimant will then wait to be notified of their hearing date, and will use this time to gather evidence. Eventually the case will be heard by a Board Member, who will decide whether or not to grant the claimant Canada’s protection.

Many refugee claimants are entitled to assistance from Legal Aid Ontario. Legal Aid Ontario pays lawyers to assist claimants in filling out their Personal Information Forms and preparing their cases, as well as in representing them before the Board.

If the Member grants a claim, the claimant has the right to remain in Canada, and also has the right to apply for permanent resident status. If the claim is refused, the file will be transferred back to the government and eventually the claimant will be asked to leave the country.

We have years of experience in representing refugee claimants at their refugee hearings.  We can appear in hearings in either the English or French language.  For further information please contact us at info@vanlehrer.com

Last revised: January 2007