Glossary - Refugee Law
In Refugee Law
The Refugee Board can decide at a special hearing that a refugee claimant has “abandoned” their claim. This means that the claimant loses the right to make their claim. This could happen if a claimant does not follow all the rules about making a refugee claim. For example, if they do not file their Basis of Claim Form on time, do not show up for a hearing, or do not contact the Refugee Board when asked to do so.
At an admissibility hearing, the Immigration Division of the Immigration and Refugee Board decides if a person is inadmissible to Canada. The Immigration Division decides this based on whether the person meets the legal requirements for the immigration status they want to get or keep.
An Immigration Division member looks at the evidence and decides whether the person:
- has the right to enter or remain in Canada, or
- should be ordered to leave.
The Refugee Protection Division (RPD) of the Immigration and Refugee Board makes a cessation order if it decides that a protected person no longer needs Canada’s protection. A cessation order can lead to a protected person being ordered to leave Canada.
If Canada Border Services Agency applies to the RPD for a cessation order, the protected person has the right to a hearing.
A Convention refugee is someone who is outside their country and not able or not willing to return. This is because they have good reason to fear that they’ll be persecuted because of:
- political opinion, or
- being a member of a particular social group.
A deportation order is a type of removal order. If you’re deported, you can’t return to Canada unless you get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
Being deported means having to leave Canada because of a deportation order. A deportation order is a type of removal order. If someone is deported, they can’t return to Canada unless they get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
Evidence is used to prove a fact or to persuade someone who’s making a decision, like an immigration officer or a member of the Immigration and Refugee Board. There are different types of evidence, for example:
- information witnesses give at a hearing
- documents, such as letters or reports
If you make a refugee claim or an application to Immigration, Refugees and Citizenship Canada, you need to provide evidence to show why your claim or application should succeed.
Police and immigration authorities gather evidence when they think someone may have done something wrong or committed a crime. This type of evidence includes property they find when they’re doing a search and statements that people make.
Sometimes people can apply to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent resident status based on what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for and want to help the person making the application. For example, a reason people often use is that they would face hardship if they had to return to their home country. They also explain that they’re established in Canada and have created a life here.
Another important factor is whether a child would be directly affected if the applicant had to return to their home country. This is because IRCC must consider what’s in the child’s best interests. It does not have to be the applicant’s child.
The Immigration and Refugee Board (IRB) is an independent tribunal and not part of the government. It holds hearings and makes decisions on immigration and refugee matters. It has 4 parts, called divisions:
- Immigration Division (ID) does admissibility hearings and detention reviews
- Immigration Appeal Division (IAD) decides appeals from some immigration decisions, including appeals of deportation orders and sponsorship applications
- Refugee Protection Division (RPD) decides when a person in Canada is a protected person
- Refugee Appeal Division (RAD) decides appeals from some decisions made by the Refugee Protection Division
The IRB is separate from Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.
If you’re not a Canadian citizen, you have to meet the requirements of the Immigration and Refugee Protection Act if you want to enter or remain in Canada. Being inadmissible to Canada means that you don’t meet the requirements.
There are different requirements depending on the immigration status that you’re trying to get or keep.