Toolkit – Refugee Claim Process: Pre, During and Post Claim

Refugee Claim Process Toolkit: Pre, During and Post Claim

Welcome to the Refugee Claim Process Toolkit. This resource is designed for frontline workers to better understand the refugee claim process and effectively support their clients throughout the journey. The toolkit is divided into three key stages: pre-claim preparation, during the claim process, and post-claim steps. It provides essential information on critical actions such as legal support, required documentation, eligibility interviews, and available services. By utilizing this toolkit, frontline workers will be equipped with the knowledge and resources to guide refugee claimants and ensure they receive the support they need at each stage of their claim.

The BC Refugee Hub has developed this Toolkit in partnership with MAP-BC as part of the BC Safe Haven Resource Network, led by AMSSA, funded by the Province of British Columbia.

 

PART 1: Steps of Refugee Claim Preparation and Submission

Part 1 outlines the essential steps involved in preparing and submitting a refugee claim. This section covers key terminology, differences between inland and Port of Entry (POE) claims, the role of legal support through Legal Aid, important documents, and the process of the eligibility interview and IRB referral.

 

A refugee claim can be made either inside Canada (inland claim) or upon arrival in Canada at a Port of Entry (POE) like the airport, seaport or land border. There are severe restrictions on who can make a claim at the border. For more information on who is eligible to make a claim at the border, see the “Safe-Third Country Agreement” information below.

Inland Claims:

If they are already inside Canada, claimants must apply online through the IRCC portal and submit the completed Basis of Claim form when they apply. This should be done with a lawyer. After submitting the claim, claimants should receive an Acknowledgement of Claim. They will be invited to do biometrics and to attend an eligibility interview.

Source: CCR

Port of Entry Claim (airport, seaport or official land border crossing)

Individuals may make a refugee claim at a Port of Entry (POE) - an airport, seaport or an official land border crossing. They do this by stating to the border officer that they intend on making a refugee claim in Canada.

In some cases, claimants complete the eligibility process at the POE, with the help of CBSA officers (more common at less busy POEs and for vulnerable claimants). Often, claimants are given an Acknowledgement of Claim document and instructions to complete the IRCC portal. (It is recommended that this be done with the help of a lawyer.)

Source: CCR

Safe Third Country Agreement (STCA)

The STCA is an agreement between Canada and the United States which states that both countries are considered safe for individuals who need refugee protection. A person must ask for help in the first country they enter. This applies if someone attempts to enter Canada at any point along the Canada/USA border. A refugee claim can only be made if the individual qualifies for an “exception” to the STCA rules. If someone crosses at an unofficial entry point and seeks to make a refugee claim within 14 days, they will be returned to the USA unless they qualify for an exception. Legal advice should be sought before attempting to cross into Canada from the USA, regardless of the entry point. STCA exceptions: There are some exceptions to the STCA. Individuals can make a refugee claim if they meet one of the following exceptions:

  • They have a family member with legal status in Canada (spouse, legal guardian, child, father or mother, sister or brother, grandfather or grandmother, grandchild, uncle or aunt, nephew or niece, common-law partner, same-sex spouse)
  • They are a child under 18, travelling alone, and they do not have a parent or legal guardian in the United States.
  • They have a valid Canadian visa, or a study or work permit.
  • They are facing the criminal death penalty in the United States or in their country.
  • They are stateless.
  • They are citizens of the United States.

Source:

 

 Additional Resources:

 

Accessing Legal Support is essential for refugee claimants to receive guidance throughout the application process, especially in preparing the Basis of Claim document, which outlines the reasons why they are seeking protection in Canada. Legal support ensures that clients understand their rights and options. Settlement and front-line workers cannot provide legal advice or help in filling out legal forms and documents. Individuals must seek legal assistance from a lawyer or registered Immigration Consultant.

Legal Aid BC - Legal Aid BC can provide free legal information, legal advice and legal representation. Claimants who are not able to pay for their own lawyer may apply for support and representation from Legal Aid BC. Applications are assessed based on financial need and the likelihood of success of the individual’s refugee claim case.

Claimants can call the Legal Aid BC Immigration Line at 604-601-6076 or 1-888-601-6076 (elsewhere in BC). If claimants do not speak English, they can say their spoken language and they will be connected with an interpreter over the phone to complete their intake. Claimants should be ready to answer specific questions about the reasons they fled their home countries and may be asked to provide evidence.

Legal aid navigators

Legal aid navigators guide claimants through the legal aid process. They are Legal Aid BC (LABC) staff who can:

  • answer questions about legal aid,
  • provide practical support,
  • assist with clients’ appointments,
  • communicate with clients’ lawyers,
  • put clients in touch with an interpreter or translator,
  • connect clients with duty counsel, Family LawLINE, and other community services, and
  • find specialized support services to help clients.

SOURCES Legal Navigators:

The Legal Navigator Program at SOURCES offers essential legal and administrative support to refugee claimants and asylum seekers. They assist with:

  • Form completion (e.g., Basis of Claim, IRCC portal),
  • Navigating legal processes and connecting clients with legal representation,
  • Preparing for IRB hearings, and
  • Preventing immigration fraud and misinformation.

They also provide written communication and accompany clients to meetings with government agencies and service providers, helping them navigate the refugee claim process.

Contact: Melani Dominguez: 604-335-5513 / [email protected]
Abdul Rahman Mansoor: 778-731-9193 / [email protected]

 

Additional Resources:

Key documents for refugee claimants include:

Basis of Claim (BOC)– This is a mandatory form that must be completed in English or French and submitted to the IRB within 45 calendar days of making a claim. The purpose of the Basis of Claim (BOC) Form is to present a refugee protection claim to the Refugee Protection Division (RPD). In the BOC Form, the individual must provide details about themselves, including their identity, family, documents, and travel history, as well as the reasons for claiming refugee protection in Canada. The BOC also outlines the basis of the claim.

Acknowledgement of Claim (AOC) - a document issued by the Immigration and Refugee Board (IRB) that confirms the receipt of a refugee protection claim. It serves as official recognition that the claim has been submitted and is being processed. The AOC includes important information, such as the date the claim was received, the claimant's details, and any further instructions regarding the next steps in the claims process. This document also shows that the claimant has medical insurance under the Interim Federal Health Program (IFHP).

Refugee Protection Claimant Document (RPCD) - The document issued after a claim is referred to the Immigration and Refugee Board of Canada (IRB). The RPCD replaces the Acknowledgement of Claim as a claimant’s primary identification document as a refugee claimant in Canada. The RPCD shows that the claimant has medical insurance under the Interim Federal Health Program(IFHP). In some cases an RPCD is issued even if an individual is not eligible to make a refugee claim but is eligible to apply for a pre-removal risk assessment.

STCA - 1 Year Exclusion Order - The Safe Third Country Agreement (STCA) is a treaty between Canada and the United States that stipulates that individuals seeking asylum must make their claims in the country they first arrive in, which is typically Canada or the U.S. If an individual is found to be ineligible to make a refugee claim in Canada under the STCA, they may be issued a 1 Year Exclusion Order. This exclusion order prevents the individual from re-entering Canada for one year. During this period, they are not allowed to apply for refugee status or any other immigration benefits. The exclusion order is issued when it is determined that the individual should have claimed asylum in the U.S. instead of Canada.

One-Touch QR Code - The One-Touch QR Code is a digital tool designed to provide easy access to an individual's refugee claim information. When scanned with a smartphone or QR code reader, this code directs the user to a secure online platform where they can view their claim status, updates, and any relevant documentation. This feature enhances accessibility and convenience for claimants, allowing them to quickly retrieve important information related to their refugee protection process without the need for lengthy searches or paperwork.

Medical Examination Request - A formal document issued by Immigration, Refugees and Citizenship Canada (IRCC) as part of the refugee claim process. This request requires individuals to undergo a medical examination to determine their health status and ensure that they do not pose a public health risk to Canadian residents. The medical examination typically includes assessments of the individual's overall health, screening for communicable diseases, and a review of any pre-existing medical conditions. This step is crucial for determining eligibility for various immigration programs and for refugee protection. The results of the medical examination are used to inform decisions about the individual's application and to ensure that the healthcare needs of new immigrants and refugees can be adequately addressed.

Work Permit - For refugee claimants in Canada, a Work Permit is a free document that grants them the legal right to work in the country for a specified period. The initial work permit is requested through the IRCC portal and is mailed to the address the claimant provided. The work permit must be renewed prior to the stated expiration date, even if a person’s claim has been accepted. If a person’s claim has been refused and they are appealing, or if the person is a PRRA applicant, there is a fee to apply for a work permit.

Notice of Decision - The document received after a claimant’s refugee hearing with the IRB, which states the decision and the reasons why a claim was accepted or rejected. If the claim is rejected, it will also say whether the person can appeal to the Refugee Appeal Division (RAD) or make an application to the Federal Court. The document is sent by mail to the claimant’s mailing address and to their lawyer’s address if they have representation. If a person’s claim is accepted by the IRB, they will receive a positive notice of  decision which will refer to the person as either a “Convention refugee” or Person in need of protection:

  • A person is considered a Convention refugee if they have a well-founded fear of persecution in their country of nationality based on their race, religion, nationality, membership in a particular social group or political opinion.
  • A person is considered a Person in need of protection if they would be subjected personally to a danger of torture, to a risk to their life or to a risk of cruel and unusual treatment or punishment if they were returned to their country of nationality.

Source: IRB

 

Additional Resources: 

The Eligibility Interview is a critical step in the refugee claim process, conducted by the Immigration and Refugee Board (IRB) to determine if the claimant's case will proceed. Upon acceptance, claimants receive the Refugee Protection Claimant Document (RPCD), which serves as proof of their claim while their application is processed.


Source: IRCC - Eligibility for referral to the IRB

 

PART 2: During the Claim Process – Services and Benefits

Part 2 focuses on services and benefits available during the claim process. It covers how to apply for income assistance, obtaining and renewing work permits, medical insurance options (IFHP and MSP), enrolling children in schools through the Settlement Workers in School (SWIS) Program, accessing counselling services and support groups, participating in conversation circles and English classes, preparing for hearings with Ready Tours, and understanding negative decisions and appeals.

 

Refugee claimants can apply for a work permit to support themselves financially while their claim is being processed. Renewing the permit is equally important for ongoing employment. Service providers can assist clients in understanding the application process and available employment supports. A work permit should be renewed at least 2 months in advance of the permit’s expiration date to allow for processing and mailing of the new document.

 

Additional Resources:

 

The Interim Federal Health Program (IFHP) provides health coverage to refugee claimants, including essential medical services and prescription medications. IFHP coverage begins on the date of issue of the AOC or RPCD and continues until the person gains protected person or convention refugee status. If a person’s claim is refused, they IFHP coverage continues until the person leaves Canada. There is no need to apply or renew IFHP coverage. Although IFHP coverage continues over the course of the person’s refugee claim process, it is advisable that a claimant enrolls in MSP as soon as they receive their work permit as not all clinics recognize IFHP insurance.

Once a claimant receives their work permit, they can enroll in the Medical Services Plan (MSP). The MSP coverage expires on the same date as the expiration date of the claimant’s work permit. When the claimant renews their work permit, they must also renew their MSP file. If MSP coverage has expired due to the expiration of the work permit, the claimant still has IFHP coverage that can be used to receive medical services. After gaining protected person or convention refugee status, claimants should transition to the Medical Services Plan (MSP) for ongoing coverage. Service providers can guide clients in applying for both programs to ensure they receive necessary healthcare.

Clients without any medical insurance can access some health services at Urgent Primary Care Centres (UPCC) free of charge. Clients may be asked to pay a fee or give a donation, but if they are not able to pay, they will not be turned away. Hospitals, clinics and other medical service providers require payment for uninsured clients.

 

Additional Resources:

Children of refugee claimants are eligible to attend public schools in British Columbia. Children of refugee claimants can attend public elementary and high schools free of charge. If parents have not received an AOC or RPCD yet, they can still contact their school district’s SWIS program to begin the registration process.

 

Additional Resources:

Access to counselling services and support groups is vital for refugee claimants, providing emotional and psychological support during a challenging time. These services can help clients process their experiences and develop coping strategies.

 

Additional Resources:

Participating in Conversation Circles and English classes helps refugee claimants improve their language skills and build social connections in their new communities. These programs are essential for integration and can lead to better job prospects. BC Safe Haven funded programs support with English language classes. Many services providers and libraries offer English conversation circles.

 

Additional Resources:

Ready Tours are preparatory sessions for refugee claimants, providing them with information about the hearing process and what to expect. This preparation can reduce anxiety and improve outcomes.

 

Additional Resources:

In the event of a negative decision, refugee claimants have the right to appeal the decision to the Immigration and Refugee Board (IRB). If the claim is rejected, the claimant has the right to remain in Canada while applying for an appeal and can continue to receive social assistance during this process. It is strongly recommended that the claimant seek legal counsel to explore their options. If the appeal is unsuccessful, alternatives include seeking a judicial review at the federal court, applying for a Pre-Removal Risk Assessment (PRRA), or requesting humanitarian and compassionate consideration.

Kinbrace Community Society: Appeal Ready Tours- Appeal Ready Tours help refugee claimants and appellants understand the appeal process if they get a negative decision on their refugee claim.

 

Additional Resources:

 

PART 3: Post-Claim Stage

Part 3 covers the post-claim stage and outlines important steps after the refugee claim process. It includes applying for permanent residence, updating MSP, applying for the Child Tax Benefit, enrolling in LINC classes, and obtaining travel documents.

 

Once refugee claimants are granted protection, they can apply for Permanent Residence (PR) in Canada. This process involves submitting specific documents and meeting certain criteria. Service providers can assist clients in understanding the requirements and navigating the application process.

 

After receiving PR status, individuals must update their Medical Services Plan (MSP) information to ensure continued health coverage. This includes notifying the government of their change in status and ensuring they remain covered under the provincial health plan.

 

Additional Resources:

Refugee claimants may be eligible for the Canada Child Tax Benefit (CCTB) once they have established residency. This benefit supports families with children under 18 and can help alleviate financial strain.

To be able to get the Canada Child tax benefit, a list of criteria must be met, one of which relates specifically to Refugee Claimants:

  • a protected person (has received a positive Notice of Decision from the Immigration and Refugee Board)
    • NOTE: An individual with a “Refugee Protection Claimant Document” is not eligible for the CCB.

Source: IRCC 

 

Additional Resources:

Post-claim, individuals can enroll in Language Instruction for Newcomers to Canada (LINC) classes to enhance their language skills further. These classes are designed to support integration into Canadian society and improve employment prospects.

 

Additional Resources:

Refugees may need to apply for travel documents to travel outside Canada, as their status affects their eligibility for standard Canadian passports. Non-Canadians can apply for two types of travel documents: a refugee travel document and a certificate of identity. The application form for both travel documents is the same and is issued to:

  • Convention refugees
  • Protected persons
  • Stateless individuals
  • Permanent residents of Canada in special circumstance

 

Additional Resources:

 

 

Last updated: December 4, 2024