A refugee claimant must prove a well-founded fear of persecution based on race, religion, nationality, political opinion, membership in a particular social group; and of cruel and unusual treatment if returned home.

APPLICATION:

1. A Citizenship and Immigration officer will determine whether a person is eligible to make a claim.

Not Eligible: You are not eligible to make a claim if you have committed a serious criminal offence; are under a removal order; have been recognized as a refugee by another country and can return there; had a claim declared ineligible by an immigration officer and didn’t wait six months to re-apply; had a claim previously withdrawn or the Immigration and Refugee Board (IRB) abandoned the claim; are a member of organized crime or a security threat

Eligible: If a person is determined to be eligible to make a claim, he/she is required to fill out Personal Information Forms that must be submitted to the Immigration Refugee Board (IRB) within 28 days after the determination. Some claimants hire lawyers to help them fill out the forms. The claim is referred to the IRB which sets a hearing date. It could take more than a year to get a hearing. During this waiting period, the refugee is allowed to work, is covered for basic health care and can apply for welfare, and refugee children can go to school.

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