Division of Responsibilities Regarding Refugee Protection Claims Made in Canada

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
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