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PAGE 1
CANADA MILITARY NEWS: PAGE 1 Canada does need more Immigrants- NOT Refugees
– come on Europeans and Asia with your smarts and culture- we’d love u have u-
SOME FACTS ON CANADA LAWS AND REGS.-/Passports/always blogs links./PAGE 1 OF
PAGE 2
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CANADA MILITARY NEWS: PAGE 2- Canada does needs more Immigrants NOT
Refugees- come on Europe and Asia with your smarts and your culture- we'd love
2 have u /Rules/Regs/Reports/Agreements/Passports/Refugge/Links PAGE 2 of page
1
CANADA
MILITARY NEWS: World Refugee Day- Canada
and Refugees (we are only 36 million in population so $$$$$ is
limited)/Canadian Duel Citizen/Becoming a refugee/immigration board canada laws
regs/if ur honest n decent and community cultures we will love u /Labour
standards- and your rights as an employee in our Canada /BLOGS LINKS/page 1 and
page 2
CANADA MILITARY NEWS: World Refugee Day- Canada and Refugees (we
are only 36 million in population so $$$$$ is limited)/Canadian Duel
Citizen/Becoming a refugee/immigration board canada laws regs/if ur honest n
decent and community cultures we will love u /Labour standards- and your
rights as an employee in our Canada /BLOGS LINKS
Immigrating 2 Canada
- Rules and Regs..
Over the period of time, the complexity of Canadian immigration has attracted Canadian immigration lawyers to develop practice in the area of Canadian immigration law. Primarily, Canadian immigration lawyers assisted families in Canada to sponsor their family members abroad, assisted Canadian businessmen to recruit foreign workers and also represented those people who were subject to deportation order from Canada. The Canadian immigration department has developed very systematic immigration criteria to recruit economic class immigrants, which includes skilled worker, and business class immigrants in to Canada. The present Canadian Immigration and Citizenship department, also known as CIC Canada, is the most important department of the Canadian government. In order to apply for Canadian immigration, the applicant is required to make the application using the prescribed immigration application forms. The Canadian Citizenship and Immigration Canada also maintains statistics of the number of immigrants entering Canada, number of applications approved, the kind of people entering Canada and such other data. Like any other country, Canadian Immigration policy is divided in two parts:
A. Temporary
entry into Canada:
B. Permanent
Immigration to Canada:
If you are not on this occupation you have
following options to apply for immigration of Canada:
(i) If you have 2 years of experience of
working in Canada in last 3 years you can apply for immigration of Canada
under Canadian Experience class;
(ii) If you have studied in Canada for 2 years
and have one year work experience you can apply for immigration of Canada
under Canadian Experience class;
(iii)If you are ready to learn French language
you can apply under Quebec skilled worker class.
(iv) If you are on H1B visa in USA you can
apply under Alberta Skilled worker program.
(v) If you have company to sponsor you in
Canada, you can apply with confirmed job offer.
3. Self
- employed class;
C. Government
Visa Fees:
Government of
Canada's visa fees and Right of Landing Fee(ROLF) This means an individual can come to Canada under any of the above two broad classes.
A. TEMPORARY
ENTRY INTO CANADA:
Under this class an individual can make an application under the following
three categories when he/she is OUTSIDE of Canada.1. Applying for Visitor visa ( Tourist visa ): Canada Immigration An application maybe submitted under this class if the applicant wishes to come to Canada as a visitor or tourist. The purpose of such a visit should be to visit relatives, to attend a business meeting, to attend a conference or convention, pleasure trip, participating in a cultural show and such other purpose. 2. Applying for Student authorization ( Student visa): Canada Immigration An application maybe made under this class if the applicant wishes to come to Canada for purpose of study as an international student. 3.Applying for Employment authorization ( Work permit ): Canada Immigration An applicant can make application under this class if he/she wishes to come to Canada and work for a Canadian company. This is similar to a H-1 visa of USA. In many countries it is also called as work permit visa. If you have come to Canada under any of the above visa categories, you may apply for extension of your visa while you are WITHIN Canada: OR WHILE IN CANADA, you may also apply for any of the following type of visa and change your visa status. This may lead you to permanent immigration visa of Canada.
a. Applying
for immigrant visa of Canada as Conventional refugee, also
known as political asylum. Canada Immigration
b. Applying
for work permit visa as a Live-in-caregiver
also known as nanny or domestic help or au pair. One may apply under this
class if he/she wishes to work in Canada as a household /domestic help or
take care of a child (ren) or elderly person. Canada Immigration Reg.
Sec.20(1.1)
c.
Applying for Immigrant
visa of Canada as a spouse. One may apply under this class if he/she
gets married in Canada while on a temporary visa.
d.
Applying for immigrant visa of Canada under the Humanitarian
and compassionate reasons. Canada Immigration Reg. Sec. 6.
B. PERMANENT IMMIGRATION TO CANADA:Under this class, one can make application for PERMANENT IMMIGRATION TO CANADA under the following three categories when he/she is OUTSIDE of Canada. This class has become very popular and also known as professional class or skilled worker class and the application is assessed based on a point system. An individual should make an application under this class if he/she wishes to come to Canada based on his/her qualification, work experience and knowledge of English or French language.
2.
Applying for immigrant visa of Canada under the Entrepreneur
class, investor class or self employed class. Canada Immigration
This class is also known as business immigration class. One should make an
application under the entrepreneur class and self-employed class if he/she
wishes to start a business in Canada. A person should make an application
under the investor class if he/she DOES NOT wish to start a business in
Canada. If an individual has close relatives in Canada, he/she may apply under this class for family sponsorship.
C. SPONSORSHIP
BY A CANADIAN CITIZEN OR PERMANENT RESIDENT:
Canadian citizens and permanent residents may make an application to
sponsor their relatives under one of the following class;
1. Family
class relatives. Canada Immigration Reg. Sec.6(2)(a).
2. Private
sponsorship of refugees. Canada Immigration Reg. Sec.7(2).
D. APPLICATION
BY A PERMANENT RESIDENT OF CANADA FOR:
!. Returning Resident Permit : A person may make this
application if he/she is a permanent resident of Canada and wishes to or has
to stay outside Canada for more than six months. Canada Immigration Reg.
Sec.26.2. Application to change the Immigration Record of Landing or IMM 1000 form.
E. CANADIAN
CITIZENSHIP:
1. As
a general principle a person may apply for Canadian citizenship provided
he/she is a permanent resident of Canada for more than three years.
2. Applying
to find proof of citizenship, also called citizenship certificate. This maybe
undertaken while the applicant is within Canada or outside of Canada.
3. Applying
for search for citizenship record.
PASSPORTS
|
|||||||
DUAL CITIZENSHIP
Many people who wish to become
Canadian citizens would also like to keep their current nationality as well.
While they desire to become a Canadian citizen, they also have strong
attachments to their current national identity. ‘Dual citizenship’ is a
situation in which a person is considered a national of two countries. Some
countries allow this practice and others do not. Canada allows its citizens
to hold citizenship other than their Canadian one.
Let us help you! Our expert professionals will assist you in obtaining your duel citizenship. You will gain the benefit of our years of experience and get full support on all aspects of getting your duel citizenship. We help you from the initial phase of filling out the forms to the final phase of receiving your new or replacement card. To begin using our services simply call us toll-free at
1-855-760-0888
CLICK HERE FOR MORE INFORMATION ON CITIZENSHIP CERTIFICATES DUAL CIITZENSHIP
Canada is a nation that allows
its citizens to hold a citizenship other than their Canadian one. Many people
are attached to their country of birth and would feel a deep sense of loss if
they were forced to give up that citizenship in order to enjoy the many
benefits of Canadian citizenship.
Attention: While Canada allows
its citizens to hold dual citizenship, there are some countries (like the
United States) that will allow it as well, other countries (Italy, for
example) that have changed their laws to permit it, and other countries (like
the Netherlands or Germany) that do not allow you to hold another
nationality. Please check with your country’s consulate to
make sure that you are not required to give up your citizenship in order to
acquire Canadian citizenship.
FAQs
1.
If I become a dual citizen, would I get a document that says so?
No, there is no document that states that you are a dual citizen.
2.
My country will force me to renounce my citizenship if I gain Canadian
citizenship. Can I stay in Canada without being a citizen?
Yes you can. You can stay in Canada as a permanent resident as long as you are able to maintain permanent resident status; you will not be forced to apply for citizenship. However, as a permanent resident, you would not be allowed to vote or hold a Canadian passport, and you would have to renew your status every five years.
3.
Should I carry both my passports whenever I travel?
It is recommended that you only travel with one passport. The Canadian passport will allow you to enter many countries without a visa so you should consider using it. Ideally, you should travel with the passport of the country where you live.
4.
Does my citizenship ever expire?
No! Once you become a Canadian citizen, you are a citizen for life.
5.
When I travel to my old country, which passport do I use?
While it is best to travel with one passport, in this case it would be easier if you travel with the passport of your old country to enter that country and your Canadian passport to enter Canada |
Government
Links
Official Canada website http://www.canada.gc.ca/
Service Canada http://www.servicecanada.gc.ca
Canada Revenue Agency http://www.cra-arc.gc.ca
Human Resources and Social Development http://www.hrsdc.gc.ca
Canada Border Services Agency http://www.cbsa-asfc.gc.ca/
Canadian Food Inspection Agency http://www.inspection.gc.ca
Canadian Heritage http://www.canadianheritage.gc.ca
Canadian Human Rights Commission http://www.chrc-ccdp.ca
Canadian Tourist Commission http://www.canada.travel/splash.en-ca.html
Canadian Transportation Agency http://www.cta-otc.gc.ca/
Citizenship and Immigration Canada http://www.cic.gc.ca
Elections Canada http://www.elections.ca
Environment Canada http://www.ec.gc.ca/
Foreign Affairs and International Trade Canada http://www.international.gc.ca
Health Canada http://www.hc-sc.gc.ca/
Immigration and Refugee Board of Canada http://www.irb-cisr.gc.ca/
Passport Canada http://www.passport.gc.ca
Prime Minister Canada http://pm.gc.ca
Public Service Commission Canada http://www.psc-cfp.gc.ca
Statistics Canada http://www.statcan.ca
Service Canada http://www.servicecanada.gc.ca
Canada Revenue Agency http://www.cra-arc.gc.ca
Human Resources and Social Development http://www.hrsdc.gc.ca
Canada Border Services Agency http://www.cbsa-asfc.gc.ca/
Canadian Food Inspection Agency http://www.inspection.gc.ca
Canadian Heritage http://www.canadianheritage.gc.ca
Canadian Human Rights Commission http://www.chrc-ccdp.ca
Canadian Tourist Commission http://www.canada.travel/splash.en-ca.html
Canadian Transportation Agency http://www.cta-otc.gc.ca/
Citizenship and Immigration Canada http://www.cic.gc.ca
Elections Canada http://www.elections.ca
Environment Canada http://www.ec.gc.ca/
Foreign Affairs and International Trade Canada http://www.international.gc.ca
Health Canada http://www.hc-sc.gc.ca/
Immigration and Refugee Board of Canada http://www.irb-cisr.gc.ca/
Passport Canada http://www.passport.gc.ca
Prime Minister Canada http://pm.gc.ca
Public Service Commission Canada http://www.psc-cfp.gc.ca
Statistics Canada http://www.statcan.ca
Dual Citizenship
Canada and the UK accept dual citizenship (also
called “dual nationality”). A person may hold both citizenships and may
carry both British and Canadian passports if they so desire.
A Canadian citizen may retain Canadian citizenship,
unless (s)he voluntarily applies to renounce it and the application has been
approved by the citizenship judge.
The present Act makes it possible to have two or
more citizenships and allegiances at the same time for an indefinite period.
Additional details can be found in the Dual Citizenship section of the Citizenship and
Immigration Canada website.
Travelling as a dual citizen
Dual citizenship means that you are a citizen of more than one country. While having dual (or multiple) citizenship is legal in Canada, some countries do not legally recognize dual citizenship. This may limit or even prevent Canadian officials from assisting you, especially if you are incarcerated.Should you choose to travel to your other country of citizenship, you should be aware of local laws and regulations that may be imposed on you as a result of your citizenship in that country. For example, you may be legally required to register for military service or you could have tax obligations.
If you think you may have dual citizenship in another country, please consult the Country Travel Advice and Advisories and the relevant foreign embassy or consulate in Canada before you travel. This could reduce the risks and difficulties for you and your family when you travel there.
Travel tips
Use your Canadian passport and always present yourself as Canadian to foreign authorities, especially when entering and leaving the country where you are a dual citizen, unless you are legally required to enter and exit the country using a passport issued by that country.Before leaving Canada, it is your responsibility to research the local laws to find out if you have obligations in the country of your dual citizenship, such as taxes, military service, or repayment of educational costs. Confirm this information in writing before you leave Canada and carry the document with you while you are travelling.
Dual citizenship and parental child abductions
Many international parental child abductions involve parents and children who are dual citizens. Officials of the government of the country where the parent and/or child is a dual citizen will determine whether or not to issue the child a passport or visa. If you are worried about your child being abducted, you or your lawyer can ask the foreign government not to issue these documents. However, the foreign government may not comply.To request another country not to issue a visa and/or a passport to your child, write to the relevant country’s embassy or consulate. Include certified copies of any court orders outlining custody decisions or necessity for consent concerning removal of your child from Canada. You must also send a copy of this request to Foreign Affairs, Trade and Development Canada’s Consular Services (see the contact information) and inform the embassy or consulate of the country where the child has dual citizenship that you have done so.
For more information, visit our Child abduction and custody issues page or consult the publication International Child Abduction: A Guidebook for Left-Behind Parents.
Canadian citizens requiring more information can also call 613-944-6788 or email travel@international.gc.ca.
Other
resources
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WTF???
Refugees and Migrants are NOT the same thing Nato/UN is your new brainwashing
technique – do u think humanity is that stupid that u can control us??? This
ain’t 1980 -Hey Europeans come move 2 Canada- because in 5 years there will be
no Europe
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WELCOME 2 CANADA-Come2Canada Irish youth- EU Youth and work -study- we'd love 2 have u- a land of immigrants- 36million people 2nd largest country on planet- come work here or/and study- GET UR CANADA ON -Come on Asians, Europeans, Africans, Middle East, Balkins- get ur education- get good jobs -Get ur Canada on..and a bit o history of the Maritimes 2 -come on -we'd love 2 have ya/updates April 2014-
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CANADA MILITARY NEWS:-
The NS Liberals are f**king killing us!!! - destroying our unions (remember the
90s folks)- our arts and culture... and now our schools- kids and environment-
WTF???? We dumped the tories 4 NDP and had 2 dump the NDP and chose Liberals in
Nova Scotia -Sweet Jesus, Mother Mary and Joseph.... God help us all Canada
what a mess - our beautiful lobsters and natural habitant ruined by sea lice
and fish farming of no rules.... NATURE MATTERS 2 CANADIANS - not the tree
cutting hippie poster posers...but the real every day Canadian
BLOGSPOT:
CANADA'S
SOCKEYE SALMON'S courage distinction verging on extinction-is teaching what us
Climate Oldies have been preaching - each and every Canadian must actually GET
INVOLVED IN CANADA'S NATURE- do something physical- not just dumb protests that
cost $$$billions- go out and save our nature-our salmon teach us who we were
and what we are losing...imho/OLD CANADIANS UNDERSTAND THIS- we grew up in WWII
severe poverty and saving and using everything and always respect the land and
sea- please get don't wave a poster- get actually involved- our nature's dying
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CANADA- FORMED ON JUDEO-CHRISTIAN HERITAGE-pls learn and respect Canada’s history- get used 2 it- all ur freedoms u stomp on…come from the forefathers and mothers who formed our Canada- French and English and First Peoples- it matters-honour and respect your troops
http://nova0000scotia.blogspot.ca/2014/08/canada-formed-on-judeo-christian.html
CANADA- FORMED ON JUDEO-CHRISTIAN HERITAGE-pls learn and respect Canada’s history- get used 2 it- all ur freedoms u stomp on…come from the forefathers and mothers who formed our Canada- French and English and First Peoples- it matters-honour and respect your troops
http://nova0000scotia.blogspot.ca/2014/08/canada-formed-on-judeo-christian.html
BLOGSPOT- WORDPRESS:
O CANADA- Beloved Martin Luther King Jr. “Heaven,” said King,
“was the word for Canada.” he was proud of Canada’s Bill of Rights Equality
under the Law/Kennedy’s Vietnam war and Canada took draft dodgers whilst 40,000
Canadians marched in duty/SELMA movie a must see and John Legend’s GLORY
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BLOGSPOT: -WORDPRESS
#1BRising – CANADA MILITARY NEWS- Canada’s women equal men by
law in Canada and that tops any Religion- POLITICIANS WANTING WOMEN’S VOTE IN
CANADA… u better make sure u stamp ur approval or lose our vote 2015
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BLOGSPOT:- WORDPRESS
CANADA’S John Baird’s Speech 2 United Nations General Assembly-
greatest speech never shared…reminding the world nations of why United Nations
was formed- basic decency and humanity and all are equal- ONE BILLION RISING
#1BRising
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BLOGSPOT/BLOGSPOT
Freedom is never more than one generation away from
extinction
CANADA- NOVA SCOTIA- HUMAN RIGHTS AND FREEDOMS- A BIT OF HISTORY
OF NOVA SCOTIA – 1500s onwards
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CANADA MILITARY NEWS- Halifax Explosion- nobody helped the
coloureds of NS/White Trash foster kids of WWII/Nova Scotia our black history-
Human Rights and Freedoms in Canada- Nelson Mandela-South Africa Canada Dec 7
2013
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IDLE NO MORE CANADA-NOVA SCOTIA- some history on our (Mi’kmaq)
Indigenous First Peoples & Acadians and our Canada and Nova Scotia-
getcha Idle No More on… come visit -2 official languages and 200 cultures -TONS
OF LINKS- because it matters
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Protecting Canada’s Immigration System
|
February 16, 2012 — Legislation
to protect the integrity of Canada’s immigration system was introduced today
by Citizenship, Immigration and Multiculturalism Minister Jason Kenney.
The proposed measures include
further reforms to the asylum system to make it faster and fairer, measures
to address human smuggling, and the authority to make it mandatory to provide
biometric data with a temporary resident visa application.
“Canadians take great pride in
the generosity and compassion of our immigration and refugee programs. But
they have no tolerance for those who abuse our generosity and seek to take
unfair advantage of our country,” said Minister Kenney.
The new bill, Protecting
Canada's Immigration System Act, proposes changes that build on reforms to
the asylum system passed in June 2010 as part of the Balanced Refugee Reform
Act.
The proposed measures would
provide faster protection to those who genuinely need refuge, and faster
removal for those who don’t.
In particular, refugee
claimants from generally non-refugee-producing countries such as most of
those in the European Union (EU) would be processed, on average, in 45 days
compared to more than 1,000 days under the current system, or 171 days under
the Balanced Refugee Reform Act.
“It has become clear that there
are gaps in the Balanced Refugee Reform Act and we need stronger measures
that are closer to the original refugee bill we tabled back in March 2010,”
said Minister Kenney. “Canada receives more refugee claims from Europe than
from Africa or Asia. Last year alone, 23% of all refugee claims made in
Canada were made by nationals from the EU. That’s up from 14% the previous
year. This growing trend threatens the integrity of our immigration system.”
In recent years over 95% of EU
claims were withdrawn, abandoned or rejected. If that trend continues, that
means that the unfounded claims from the 5,800 EU nationals who sought asylum
last year will cost Canadian taxpayers nearly $170 million.
“Too many tax dollars are spent
on bogus refugees. We need to send a message to those who would abuse
Canada’s generous asylum system that if you are not in need of protection,
you will be sent home quickly,” added Minister Kenney.
With the Balanced Refugee
Reform Act and today’s legislation, the provinces and territories are
expected to save in the range of $1.65 billion over five years in social
assistance and education costs.
Most of the provisions in the
former Preventing Human Smugglers from Abusing Canada’s Immigration System
Act (Bill C-4) have also been included in this new bill, with one
modification. Minors under the age of 16 would be exempt from the detention
proposals designed to deal with all mass arrivals from human smuggling
operations.
“Our Government is sending a
clear message that our doors are open to those who play by the rules,
including legitimate refugees. However, we will crack down on those who
endanger human lives and threaten the integrity of our borders,” said
Minister Kenney. “Human smuggling is a despicable crime and Canadians think
it's unacceptable for criminals to abuse Canada's immigration system for
financial gain.”
Mandatory detention remains for
people who enter Canada as part of a designated smuggling event. But once the
identity of a claimant has been established and a refugee claim is approved,
individuals would be released from detention.
The final component of the new
legislation would give the Minister the authority to make it mandatory for
visa applicants to provide biometric data (i.e., fingerprints, photograph) to
visit Canada. Documents can be forged or stolen, whereas biometric data
provide greater certainty, confirming the identity of applicants when they
apply.
“Biometrics will be an
important new tool to help protect the safety and security of Canadians by
reducing identity fraud and identity theft,” said Minister Kenney. “As
fraudsters become more sophisticated, biometrics will improve our ability to
keep violent criminals and those who pose a threat to Canada out. In short,
biometrics will strengthen the integrity of Canada’s immigration system while
helping facilitate legitimate travel.”
These measures would put us in
line with international partners such as the United Kingdom, the European
Union, Australia, and the United States. This would help prevent known
criminals, failed refugee claimants and deportees from using a fake identity
to obtain a visa. The use of biometrics would also bolster Canada’s existing
measures to facilitate legitimate travel by providing a fast and reliable
tool for confirming identity.
All these reforms are aimed at
deterring abuse of Canada’s generous immigration and refugee system. With
these proposed measures, the integrity of Canada’s immigration programs and
the safety and security of Canadians will be protected.
“To maintain the support of
Canadians for our generous immigration and refugee systems, we must demonstrate
that Canada has a fair, well-managed system that does not tolerate queue
jumping,” concluded Minister Kenney.
|
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CANADA MILITARY NEWS: Human Traffickers-Smugglers-Enablers- Disband UN- Year 2015- the year that humanity was destroyed by UN's Climate Change movie star ($$$paid) media junket, War, and evil greed of despots and thieves.... THE YEAR HUMANITY DIED.... and 7 billion watched in horror and heartache....THE STORY OF TWO WOLVES AND WHO U FEED -let's feed humanity folks and nail the monsters
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CANADA MILITARY NEWS-Refugees 45.2 Million a year 2014/Vietnamese Boatpeople-Canada love/ BC Civil Liberties suits cost Canadians $$$$Millions- Canadian troops torturing Afghan Taliban /Gov. Assisted Refugee Resettlement/some Canada military news posts on other bds 2005-2012/old Saddam Hussein trick- purpose of middle east war 2 create war and dump refugees on other nations VS thousands of churches and communities sponsored Vietnamese Boatpeople if they wld stay in our communities /EDUCATION is needed -people on boats 2 Italy spend $$$$thousands 2 illegally cross-/
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o
Sep 1, 2014 - /JOHN F KENNEDY AND HIS VIETNAM WAR- CANADA
/How The Civil War Saved ...... 1.7 million dead, three million
wounded and maimed, and 13 millionrefugees. .... Posted
by nova0000scotia at 12:49 PM ... Blog Archive.
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https://nova0000scotia.wordpress.com/.../wtf-refugees-and-migrants-are-...
o
Jun 5, 2015 - Migrants and Refugees – Together,
But Not the Same Jun 05, 2015 by ...CANADA MILITARY NEWS-Refugees/Vietnamese Boatpeople-Canada
love/ ...http://nova0000scotia.blogspot.ca/2015/05/canada-military-news-bc- ...
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Site menu
Breadcrumb
- Home
- Refugee Claims
Claimant's Guide
Version 2 - 2013
Ready Tours for Refugee Claimants
The Immigration and Refugee Board of
Canada (IRB) collaborates with several non-governmental organizations (NGO) to
help refugee claimants prepare for their upcoming hearings through Ready Tours.
These tours are free of charge and are
held in our Vancouver, Toronto and Montreal offices to inform refugee claimants
about:
·
How to
prepare for their upcoming hearing
·
What
will take place at the hearing
·
Who
will participate in the hearing
·
Mandatory
deadlines
For more information, please contact the
NGO who is organizing the Ready Tours in your region.
Table of Contents
·
Claiming
Refugee Protection
·
Basis
of Claim Form and Paperwork
·
Counsel
·
Preparing
for Your Hearing
Your
Hearing
Getting
help
About This Guide
This guide is for people who are claiming refugee protection in Canada. It will give you basic information about:
·
how
decisions are made about refugee protection in Canada;
·
what
the Refugee
Protection Division
(RPD) of the Immigration and Refugee Board of Canada (IRB) does; and
·
what
you need to do.
An Introduction to Refugee Protection in
Canada
The IRB is an independent tribunal responsible,
through its Refugee Protection Division (RPD), for deciding refugee protection
claims in Canada.You can be given refugee protection in Canada if you meet the United Nations (UN) definition of a Convention refugee, or if you are a person in need of protection. The UN defines Convention refugees as people who have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group. Membership in a particular social group can include, but is not limited to, sexual orientation, gender identity, domestic violence and HIV status. Persons in need of protection must show that if they return to their home country, they will face a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.
This guide provides general information about the refugee protection process. It is not a legal document. For more precise legal information, please see the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations and the Refugee Protection Division Rules.
You can find all of these documents on the IRB web site.
Definitions
Abandoned claim:
If you do not do everything necessary for the Refugee
Protection Division (RPD) to make a decision about your
claim, the RPD may decide that you do not want to continue with your claim. For
example, this can happen if you do not provide your Basis of Claim
Form on time, if you do not go to your
hearing, or if you do not contact the RPD when you are asked to do so.If the RPD declares your claim abandoned, you will not be allowed to continue with your claim or make another claim in the future.
Basis of Claim Form (BOC Form) (PDF, 542 KB): The form in which you give information about yourself and about why you are claiming refugee protection in Canada.
Convention refugee: A person who meets the definition of « refugee » in the 1951 United Nations Convention Relating to the Status of Refugees. You are a Convention refugee if:
·
you
have left your home country (your country of nationality or, if you do not have
one, the country where you usually lived in the past);
·
you
have a well founded fear of persecution based on your race, religion,
nationality, political opinion or membership in a particular social group; and
·
you are
unable or, because of your fear, unwilling to try to get the protection of your
home country.
Contact information:
this is the information needed to be able to contact you or your counsel. It
includes your current full address and your phone numbers where you can be reached.
Your counsel's contact information must also include his or her fax numbers and
email address.Counsel: A person who represents you in the refugee protection process.
If your counsel is charging you a fee or receiving other payment, they must be a member in good standing of a provincial law society (lawyers and paralegals, in a province that allows paralegals to be members of the law society), of the Chambre des notaires du Québec, or of the Immigration Consultants of Canada Regulatory Council
Counsel can also be a family member, a friend or a volunteer who represents you without charging you a fee.
Designated country of origin (DCO): A country designated as a DCO by the Minister of on Citizenship and Immigration under IRPA. Refugee protection claims made by nationals of Designated Countries of Origin are scheduled to be heard earlier than other claims. Also, these claims have no right to appeal to the RAD.
Designated representative (DR): A person who is responsible for protecting the interests of a child less than 18 years old or of an adult who is unable to understand what the refugee protection process is about. The designated representative is also responsible for explaining the refugee protection process to that person. In the case of children less than 18 years old, the designated representative is usually the child's parent. However, another family member, a legal guardian, a friend or a worker from a social services agency can also be the designated representative if they meet the requirements.
Eligibility / eligible to be referred: This is the first step in the refugee protection claim process. An officer from the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC) decides whether your claim meets certain basic conditions. If it does, the officer sends (« refers ») it to the Refugee Protection Division (RPD) of the IRB, which will make a decision on your claim for refugee protection.
Excluded person: A person who cannot be considered a Convention refugee or a person in need of protection because he or she has committed a serious, non political crime outside Canada, a crime against peace, a war crime, or a crime against humanity, and people who are guilty of acts that are contrary to the purposes and principles of the United Nations. It also includes people who do not need protection because they live in a country where they have rights and obligations that are similar to those of a citizen of that country.
Inland Office: Any office of Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA) inside Canada.
Legal aid: A service offered by some provincial or territorial governments in Canada, in which the government may pay for certain legal services for some people who do not have enough money to pay a lawyer.
Member: The Refugee Protection Division (RPD) decision-maker who hears your claim and decides whether to accept it.
Minister's participation: When the Minister of Public Safety or the Minister of Citizenship and Immigration decides to participate in your claim and becomes a party in the refugee protection process. A representative from the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC) (Minister's counsel) acts for the Minister before the Refugee Protection Division (RPD).
Party: The claimant and, if the Minister participates in your claim, the Minister.
Permanent resident: The right to live, work, study and remain in Canada under specific residency obligations.
Person in need of protection: A person in Canada who would be subjected personally to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if they were returned to their home country (their country of nationality or, if they do not have one, the country where they usually lived in the past).
Port of Entry (POE): An airport, a seaport or a Canada-United States border crossing.
Refugee Appeal Division (RAD): The Division of the IRB that decides appeals of decisions made by the Refugee Protection Division (RPD). In most cases, RAD will proceed without a hearing, on the basis of the documents provided by the parties and the RPD record.
Refugee protection: The protection given by Canada to a Convention refugee or a person in need of protection.
Refugee Protection Division (RPD): The division of the Immigration and Refugee Board of Canada (IRB) that hears claims for refugee protection made in Canada and decides whether to accept them.
Withdrawing: If you decide not to continue with your refugee protection claim, you must tell the Refugee Protection Division (RPD) in writing that you are withdrawing your claim.
Working days: Do not include Saturdays, Sundays or other days on which the Board offices are closed.
Claiming Refugee Protection
How do I make a claim for refugee
protection?
You can make a claim for refugee protection by
speaking to an officer at any port of entry when you arrive in Canada, or at an inland office.The officer from the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC) will decide whether your claim is eligible to be referred to the Immigration and Refugee Board (IRB). If your claim is eligible, it will be sent ("referred") to the Refugee Protection Division (RPD) of the IRB to start the claim for refugee protection process.
At a port of entry
If you make your claim at a port of entry, you will be given a Basis of Claim
Form (BOC Form) to complete as well as a Notice
to Appear for a Hearing that tells you when and where your claim will be
heard by the RPD. You must give your completed BOC Form to the RPD no later
than 15 days after the date your claim was sent to the RPD. Claimants must
also fill out other forms in the application package available on the CIC website.
At an inland office
If you make your claim at an inland office, you must give your completed BOC Form to the officer who decides whether your
claim is eligible. That officer will give you a Notice to Appear for a Hearing that tells
you when and where your claim will be heard by the RPD. Claimants must
also fill out other forms in the application package available on the CIC website.
The next step will be your hearing, where an RPD
decision-maker called a member
will decide whether your claim should be accepted or not.
What are my responsibilities?
Your general responsibilities are
·
You
must give information that is complete, true and correct in your BOC Form
within 15 days.
·
You
must provide this BOC Form to the officer if you are claiming inland.
·
You
must provide this BOC Form to the RPD within 15 days of your claim being sent
to the Board, if you made your claim at a port of entry.
·
You
must make sure that the RPD receives all of the documents it asks you for,
including your BOC Form, on time.
·
You
have a right to be represented by counsel at your own expense, but you are
responsible for choosing counsel who is available on the date fixed for your
hearing.
·
You are
responsible for obtaining and providing any documents that may support your
protection claim. You must make arrangements now to get these supporting
documents without delay.
·
You
must go to your hearing.
·
You
must read all of the documents the RPD sends you and make sure that the RPD
receives an answer if one is asked for or is needed on time.
Your contact information and your
counsel's contact information
·
You
must give the RPD your current address and phone number. If you did not give
your address to the CBSA or CIC officer at your eligibility interview, you must
give it to the RPD no later than 10 days after you receive your Notice to
Appear for a Hearing during the interview by the CIC or CBSA officer.
·
If you
move, you must give your new address to the RPD, as well as to CIC or to CBSA,
depending on which one you are dealing with, immediately.
·
If you
have counsel, you must give the RPD your counsel's address and telephone number
immediately.
·
You
must tell the RPD your new counsel's contact information if you change counsel.
If you wish to make changes related to
your hearing
·
You
must tell the RPD if you want to change the official language (English or
French) you chose for your hearing at least 10 days before the hearing.
·
You must
tell the RPD if you want to change the language or dialect to be interpreted at
your hearing at least 10 days before the hearing.
·
You may
ask the RPD to change the location of your hearing. You must ask at least 20
days before your hearing. The RPD will only agree to change the location of the
hearing in certain circumstances.
·
In
deciding if the application to change the location of the hearing, the RPD will
consider relevant factors including
a.
whether
you are residing in the location where you want the hearing to be held:
b.
whether
a change of location would allow the proceeding to be full and proper;
c.
whether
a change of location would likely delay the proceeding;
d.
how the
change of location would affect the Division's operation;
e.
how a
change of location would affect the parties;
f.
whether
a change of location is necessary to accommodate a vulnerable person; and
g.
whether
a hearing may be conducted by means of live telecommunication with the
claimant.
You may
ask the RPD to change the date or time of your hearing. You must ask at least 3
working days
before the hearing. The RPD will only agree to change the date or time of your
hearing in exceptional circumstances.
Which language will the RPD use with me?
Canada has two official languages: English and French.
You can choose which official language you would like the RPD to use with you
(for example, during your hearing and in documents) in the "Language and
Interpreter" section of your BOC Form.If you do not understand English or French, the RPD will have an interpreter for you at your hearing. You must write the language and dialect you want to use in the "Language and Interpreter" section of your BOC Form.
When can the RPD declare that my claim has
been abandoned?
The RPD may declare that your claim has been abandoned
if you:
·
do not
provide a completed BOC Form on time ;
·
do not
provide your current and correct contact information;
·
do not
go to your refugee protection claim hearing; or
·
do not
go to your special hearing on the abandonment of your claim, if you are
required to do so
If your claim is declared abandoned, it will not be
heard. This also means that you will not be allowed to make another refugee
protection claim in the future and you will most likely be required to leave
Canada.
Can I withdraw my refugee protection
claim?
Before your hearing, if you decide that you do not
want to continue with your claim, you must tell the RPD in writing that you are
withdrawing
your claim.
Basis of Claim Form and Paperwork
What is a Basis of Claim Form (BOC Form)?
The purpose of the BOC Form is to present your refugee protection claim to the RPD. In the BOC
Form, you will give details about yourself (your identity, family, documents
and travel history) and about why you are claiming refugee protection in
Canada. The questions in the form will help you include the most important
parts of your life experience. It is important that you include all
important facts and events and to tell the truth.At your hearing, a member may ask you questions about anything you have included, or not included, in your BOC Form. The RPD will use the information in your BOC Form when it makes a decision about your claim. Therefore, it is important for everything in your BOC Form to be complete, true and correct.
You must sign and date your BOC Form. By signing your BOC Form, you are declaring that the information in it is complete, true and correct.
How long do I have to complete my BOC
Form?
It depends on where you made your claim.
If you made your claim at a port of entry
If you made your claim at a port of entry, you must
give an original and one copy of your completed BOC Form to the RPD no later
than 15 days after the date CIC or the CBSA sent your claim to the RPD to start
the refugee protection process. You can bring your BOC Form to the RPD
yourself, or you can send it by courier. If you have fewer than 20 pages in
total, you can also send the form by fax.Do not send your BOC Form by regular mail. If you fax your BOC Form to the RPD, you will have to provide the original form at the beginning of your hearing.
If you made your claim at an inland office
If you made your claim at an inland office, you must
give your original completed BOC Form and one copy of it to CIC or the CBSA
officer on the day of your eligibility interview. CIC or the CBSA will give
your completed BOC Form to the RPD.
What language can I use to complete my BOC
Form?
You must complete your BOC Form in either English or
French. If an interpreter helps you complete the form, the interpreter must
also sign it. If no interpreter helps you, you must sign a statement (which is
part of your BOC Form) that means that you have read and that you understand
the information on the BOC Form in the language (English or French) in which
you completed it.
Do children need to complete a BOC Form?
All the members of your family who are claiming
refugee protection must provide their own BOC Form. For children who are 6
years old or younger, you only need to complete Part 1 of the BOC Form
("Who you are"). Children older than six and all children who do not
have an adult with them must answer all of the questions. If you complete the
BOC Form for a child in your care who is less than 18 years old, you or the
person named by the RPD as the child's designated
representative must sign the child's BOC Form.
Do I need a designated representative
(DR)?
A designated representative (DR) is a person who is
responsible for protecting the interests of a child less than 18 years old or
of an adult who is unable to understand what the refugee protection process is
about. The designated representative is also responsible for explaining the
refugee protection process to that person.In the case of accompanied children less than 18 years old, the designated representative is usually the child's parent. However, another family member, a legal guardian, a friend or a worker from a social services agency can also be the designated representative if they meet the requirements.
The decision to designate a representative is made by the RPD as early as possible in the process. If your children are claiming refugee protection and the RPD suggests that you be their designated representative, you will receive the Designated Representative's Guide. This guide explains the role and the responsibilities of a designated representative.
What happens if I do not give my completed
BOC Form on time?
If you do not provide your completed BOC Form on time,
the RPD may declare that your claim has been abandoned. This means that your
claim will not be heard. Before declaring your claim abandoned, the RPD will
hold a special hearing for abandonment no later than five working days after
your BOC Form was due. At this special hearing, you will have to explain why
you could not provide a completed BOC Form on time and why the RPD should
continue with your claim. So it is very important that you go to this special
hearing.The date for this special hearing will already have been given to you. It appears in the "Special Hearing date if the Basis of Claim Form is not received on time" section of the Notice to Appear for a Hearing that you received when your case was referred.
What happens if I do not give my contact
information on time?
If you did not give your address in Canada to CIC or
to the CBSA when your claim was sent to the RPD to begin the refugee protection
process, you must give it to the RPD and to CIC or to the CBSA (whichever sent
your claim to the RPD) no later than 10 days after the day you received your
Notice to Appear for a Hearing. You must also tell the RPD and also CIC or the
CBSA immediately if you move. If you do not provide your contact information to
the RPD on time, the RPD may not be able to contact you and may declare your
claim abandoned.
Can I make changes to my BOC Form?
Yes. If you find a mistake on your BOC Form or realize
that you forgot something important, or receive additional information, you
must tell the RPD. Make sure to underline the information you changed or added,
sign and date the changed pages, and send the original and one copy of all the
pages that have been changed to the RPD. You must also provide a declaration
stating that the information in the BOC Form together with the changes and
additions is complete, true and correct and that you understand that the
declaration has the same force as an oath. The RPD will then forward a copy of
those changed pages to CIC or the CBSA (whichever sent your claim to the RPD).
The RPD must receive the new pages at least 10 days before your hearing.
Counsel
Do I need counsel to represent me in my
claim?
You may represent yourself. You are not required to
have a counsel to represent you. However, you may decide that you want someone
to help you present your case at your hearing. If this is the case, you must
ensure that the counsel you choose is available for the date and time shown on
your Notice to Appear for a Hearing.You must also immediately give your counsel's contact information in writing to the RPD and also to CIC or to the CBSA (whichever sent your claim to the RPD). Contact information means address, phone number, fax number and email address, if any. If you change counsel during your claim process, you must advise the RPD by completing a new Counsel Contact Information form.
Who can be counsel?
Your counsel may be:
·
a
member in good standing of a provincial law society (lawyer or paralegal, in a
province that allows paralegals to be members of the law society)
·
a
member in good standing of the Chambre
des notaires du Québec; or
·
an
immigration consultant who is a member in good standing of the Immigration
Consultants of Canada Regulatory Council.
Only a counsel as described above can represent you at
the RPD and charge you a fee. If you decide to hire a counsel, you must hire
this person at your own expense. If you do not have enough money to pay for
counsel, you may contact the legal aid office in your province to find out what
help, if any, is available. Please refer to the list of provincial legal aid
offices included in your Claimant's Kit.Your counsel must give the RPD the name of the organization they belong to, as well as their membership identification number and also complete the Counsel Contact Information form included in your Claimant's Kit. This form is also available on the IRB website.
Your counsel can also be a family member, a friend or a volunteer who may represent you without charging you a fee. In this case, you need to complete the Notice of Representation Without a Fee or Other Consideration form included in your Claimant's Kit. This form is also available on the IRB website.
What if my counsel wants to represent me
in the other official language?
If your counsel prefers to represent you in the
official language (English or French) other than the one you asked the RPD to
use with you, your counsel has the right to do so. You must tell the RPD about
this at least 10 days before the hearing.
How do I get my documents if my counsel is
no longer representing me?
If you were represented by counsel for a portion of
the claim process, but you decide that you are no longer going to be
represented by that counsel, it is important to get all of the documents you
need in order to be completely ready for your hearing.We encourage you to keep a copy of the BOC form and all other documents, even if your counsel has a copy. If you did not keep a copy of those documents and were unable to get them from your former counsel, you may contact the RPD well before your hearing for copies of those documents.
If you have new counsel representing you, it is your responsibility to make sure that your new counsel receives all of the documents you have to support your claim. These include documents that were provided to your previous counsel by you, the RPD or the Minister (if the Minister is participating in your hearing).
Finally, your new counsel must be available on the scheduled hearing date.
Preparing for Your Hearing
Your hearing is an important moment in the refugee
protection process because the hearing is usually when the RPD decides whether
you are a Convention Refugee or a person in need of protection.
How will I know when my hearing will be
held?
The RPD must hear your case within specific timelines.
These timelines differ depending on whether you are from a designated
country of origin (DCO) and where you made your claim for
refugee protection (at a port of entry or at inland office).
Timelines for RPD hearings from when your
claim is referred to the RPD
If you are from a DCO and you made your
claim at an inland office:
No later than 30 days after your claim is sent to the RPD
No later than 30 days after your claim is sent to the RPD
OR
If you are from a DCO and you made your
claim at a port of entry:
No later than 45 days after your claim is sent to the RPD
No later than 45 days after your claim is sent to the RPD
OR
If you are not from a DCO:
No later than 60 days after your claim is sent to the RPD
The CIC or CBSA officer who sends your claim to the
RPD to start the claim for refugee protection process will set a date and time
for your hearing. The officer will give you a Notice to Appear for a Hearing,
which will tell you when and where to go. This notice will also tell you the
time when your hearing will start and the time you must show up. Please make
sure that you follow the instructions you get with the Notice to Appear
and that you tell the RPD if your address or telephone number changes.No later than 60 days after your claim is sent to the RPD
What happens if I am not available and/or
my counsel is not available on the hearing date?
When a hearing date has been set, you and your counsel
(if you have one) must be ready for the hearing on that date. However, in some
cases, you can apply to the RPD to change the date and time of your hearing.If you apply to change the date and time and do not receive an answer or if your application to change the date and time is refused, then you must go to your hearing on the date and time set by the officer.
If you have been told that CIC or the CBSA will be participating in your hearing, you must give a copy of your application to change the date and time to the CIC or CBSA representative.
When you give your original application to the RPD, you also need to include a written statement on how and when you gave a copy of your application to CIC or the CBSA.
a) If your counsel is not available on the
hearing date
You can apply to change the date or time of your
hearing if:
·
you
either did not have counsel or did not know when your counsel would be
available when the CIC or CBSA officer set the date and time for your hearing;
and
·
in the
case where you did not have counsel, you choose your counsel no later than five
working days after the day when the officer set your hearing date.
You must apply in writing immediately. The RPD must
receive your application no later than five working days after the day your
claim was sent to the RPD.In your application, you must give at least three dates and times when your counsel is available. These dates must be within the time limits that apply to your claim type (30 days, 45 days or 60 days after your claim was sent to the RPD).
If your application meets these criteria and if it is possible to do so operationally, the RPD will allow changes to the date and time of your hearing to accommodate your counsel. In any other case, the RPD does not generally change the date and time of a hearing to accommodate counsel who is unavailable on the date fixed for your hearing.
b) If you are not available on the hearing
date
You can apply to change the date or time of your hearing
only if you have a very good reason why you cannot be there on the date set by
the officer. You must apply in writing immediately. The RPD must receive your
application at least three working days before the date set for your hearing.
If your hearing date is less than three working days away, you must go to your
hearing and apply in person.In your application, you must explain why you want to change the date or time of your hearing. You must also give at least three new dates and times when you will be available for your hearing. These three new dates must be no later than ten working days after the hearing date set by the officer.
If the reason you want to change your hearing date is medical, you must attach a medical certificate to your application. This certificate must:
·
be
recently dated;
·
be
signed by a qualified medical practitioner;
·
have
the name and address of the medical practitioner printed or stamped on it;
·
give
the details of your medical condition, but not the diagnosis;
·
give
the date when you will be able to go to your hearing.
If you cannot provide a medical certificate, you must
include in your application
a.
particulars
of any efforts you have made to obtain the required medical certificate,
supported by corroborating evidence;
b.
particulars
of the medical reasons for the application, supported by corroborating
evidence; and
c.
an
explanation of how your medical condition prevents you from attending the fixed
initial hearing.
The RPD expects claimants to be ready to proceed on
the date fixed for their hearing. The RPD will only agree to change the date or
time of your hearing if there are exceptional circumstances. For example, it may agree if you are a vulnerable person who needs
accommodation; if there has been an emergency or if something happened outside
your control and you did everything you could to continue with your claim.Only the RPD can change the date and time of your hearing. Unless the RPD tells you to do something else, you must go to your hearing on the date and time shown on your Notice to Appear.
Can I change the official language I asked
the RPD to use with me after submitting my BOC Form?
If you want to change the official language (English
or French) you asked the RPD to use with you in your BOC Form, you need to tell
the RPD in writing as soon as possible and at least 10 days before your
hearing.
What will happen if I change the official
language I asked the RPD to use with me?
If you change the official language (English or
French) you asked the RPD to use with you, the documents that are already part
of your file will stay in the official language they were provided in.
Documents the RPD sends you after you change the language, such as your final
decision, will be in the new official language.
Can I change the language to be
interpreted at my hearing after submitting my BOC Form?
If you want to change the language or dialect of
interpretation that you chose in your BOC Form, you must tell the RPD in
writing at least 10 days before your hearing and include the new language and
dialect you want to have interpreted.
Do I have to give the RPD any documents?
You must give the RPD documents that support your
claim. Therefore, you should begin gathering evidence to support your claim
as soon as possible.You must show the RPD evidence of who you are by giving the RPD official documents with your name and date of birth on them ("identity documents"). For example, you can give a passport, national identity card, birth certificate, school certificate, driver's licence, military document, and professional or religious membership card.
Along with identity documents, you can submit other documents that you feel are relevant to your claim, including proof of membership in political organizations, medical or psychological reports, police documents, business records, news clippings, visas, and travel documents (airplane, train or bus tickets).
If you do not provide identity documents or other documents in support of your claim, you will have to explain at your hearing why you do not have them and show that you did everything to try to get them.
The documents you provide must be typed in at least 12-point font or be photocopies of original documents. All documents should be printed on 8½ in. by 11 in. (21.5 cm by 28 cm) paper, and all photocopies must be clear and easy to read. Make a list of all the documents you are attaching. The pages of your documents must be numbered consecutively (i.e. 1, 2, 3, 4…), as if they were one document.
When does the RPD need to receive my
documents?
You must attach copies of all of the documents that
you have to support your claim to your BOC Form. Include certified translations
in English or French for all documents that are in a language other than
English or French.If you get more documents that support your claim after you provided your BOC Form, you must immediately give two copies to the RPD. Copies of these additional documents must be received by the RPD at least 10 days before your hearing. It is best for you to send your documents to the RPD as soon as you get them.
You can provide your documents in person, by mail or by courier. If you have fewer than 20 pages in total, you can also provide them by fax.
Do my documents need to be translated?
If your documents are not in English or French, you
must have them translated into the official language (English or French) that
you chose for your hearing. You must provide the translations and a
translator's declaration to the RPD with the copies of the documents. The
translator's declaration must include:
·
the
translator's name;
·
the
language and dialect, if any, translated;
·
a
statement that the translation is accurate; and
·
the
signature of the translator.
What other documents will the RPD use to
decide whether to accept my claim?
The IRB produces a National Documentation Package
(NDP) for every country. The NDP is a compilation of publicly available
documents that report on country conditions such as political, social,
cultural, economic, and human rights conditions. Each NDP provides full
citations to help you locate the documents that are not available on the IRB
website.In addition, where possible, links are provided to the documents available on the website of the organization that published the document.
It is your responsibility to go to the IRB website to review the documents in the NDP for your home country as the RPD may consider them when deciding your claim. Alternatively, a paper copy of the NDP may be viewed at any IRB regional office.
It is also your responsibility to check the IRB website for the newest version of the NDP for your home country prior to your hearing.
A link to the NDPs is available on the homepage of the IRB web site.
The RPD may decide to use other documents as well, for example, reports produced by the IRB Research Directorate, media articles or reports from human rights organizations. Copies of any additional documents which the RPD finds useful will be sent to you before your hearing.
What do I need to show in order for my
claim to be accepted?
You must show that you are a Convention refugee or a
person in need of protection.
·
You are
considered a Convention
refugee if you
have a well-founded fear of persecution in your home country (your country of
nationality or, if you do not have one, the country where you usually lived in
the past) based on your race, religion, nationality, membership in a particular
social group or political opinion.
·
You are
considered a person
in need of protection
if you would be subjected personally to a danger of torture, to a risk to your
life or to a risk of cruel and unusual treatment or punishment if you were
returned to your home country.
Some people are excluded from refugee protection, which means that they cannot be considered Convention refugees or
persons in need of protection. Excluded people include people who have
committed a serious, non-political crime outside Canada, a crime against peace,
a war crime, or a crime against humanity.It also includes people who are guilty of acts that are contrary to the purposes and principles of the United Nations, or who lived in a country where they have rights and obligations that are similar to those of a citizen of that country.
Your Hearing
Hearings are usually a half day long and take place in
private in order to protect you and your family, unless an application is made
to have the hearing open to the public. If an application is made, you will
have the opportunity to raise your concerns and the RPD may take whatever
measures are necessary to ensure the confidentiality of the hearing.If the RPD member cannot be in the same city as you, your hearing may take place by videoconference. This allows you to see and talk to the member through a television.
Who will make a decision about my claim?
At your hearing, you will normally present your claim
to one RPD member. RPD members have received special training on refugee
protection.
Will an interpreter be provided for me?
The RPD will provide an interpreter at your hearing at
no cost to you. If you need an interpreter, you must write the language and
dialect you want to use in the "Language and Interpreter" section of
your BOC Form. The interpretation will be provided between the language and
dialect you choose and the official language of Canada (English or French) you
choose in the same section of your BOC Form.Interpreters must keep your personal information confidential. If at any time during the hearing you have trouble understanding the interpreter, tell the member immediately.
Do my children need to come to the
hearing?
If your children are also claiming refugee protection,
they must come to the hearing. Usually, young children only need to be at the
beginning of the hearing, in order to show evidence of who they are and to make
sure they are properly represented by their parents, their legal guardian or
another designated representative. After this, they may be allowed to leave the
hearing. Please bring someone you trust with you to take care of your children
while you finish the hearing.In some situations, older children will need to participate in the hearing. If you have concerns or questions about your child participating in the hearing, contact the RPD before your hearing or raise your concerns with the member at the hearing.
Can I bring witnesses?
You may bring witnesses to your hearing if you think
this will help your claim. A witness is a person who knows about your claim and
can provide information that will help the member make a decision. Witnesses
must be ready to answer questions about the information they provide at your
hearing (this is called testifying or giving testimony).At least 10 days before your hearing, you must give the RPD the following information about each witness, in writing:
·
their
contact information (address, telephone number and fax number);
·
a short
statement on the purpose of their testimony and what it will be about;
·
how
long their testimony will take;
·
your
relationship to the witness;
·
whether
you want them to testify in person, by videoconference or by telephone; and
·
whether
they need an interpreter, and if so, the language and dialect they will use.
If the witness is an expert, you must also give information
about their qualifications and include a report that is signed by the witness
and summarizes their testimony.If you have been told that CIC or the CBSA will be participating in your hearing, you must give a written copy of the information above to the CIC or CBSA representative. You also need to give the RPD a written statement on how and when you sent the witness information to CIC or the CBSA.
It is your responsibility to make sure your witnesses come to your hearing.
What will happen at my hearing?
1.
You
will testify
Before you testify, you must make a solemn
affirmation, which is a promise to tell the truth. You will then be asked
questions first by the member, and then by your counsel. If CIC or the CBSA is
participating in your hearing, the Minister's counsel will ask you questions
before your own counsel does. If you do not have counsel, the member may ask
you more questions and give you an opportunity to tell the member what you
think is important.
If the CBSA is participating in your hearing because
the Minister is claiming that you should be excluded from refugee protection,
the Minister's counsel will ask you questions, followed by the member and then
your counsel, if you have one.
2.
Witnesses
will testify
If you bring any witnesses, they will testify after
you have testified. Any witnesses you bring to your hearing will be asked to
stay in the waiting room and will not join the hearing until after you have
testified. The witnesses will then be asked to come in to answer questions one
by one.
3.
Comments
(representations) will be made about your case
After you and any witnesses have testified, the member
will ask you or your counsel to explain why you think the evidence shows that
you are a Convention refugee or a person in need of protection. If CIC or the
CBSA is participating, the member will give the Minister's counsel an
opportunity to comment on your case as well.
4.
A
decision will be made
The RPD member will decide whether you are a
Convention refugee or a person in need of protection. The member will tell you
the decision and the reasons for the decision orally at the end of the hearing,
unless it is not possible to do so. In that case, you will receive the decision
later by mail.
What happens after the decision?
If your claim is accepted
If your claim is allowed, the RPD will send you a
written Notice of Decision The RPD will also send you an explanation of
the reasons why your claim was accepted.CIC and CBSA will receive copies of the decision as they may wish to appeal a positive decision to the Refugee Appeal Division (RAD) or seek leave and judicial review at the Federal Court.
Unless the RPD's decision is appealed to and overturned by the RAD or is reviewed and overturned by the Federal Court, you may be eligible to apply to CIC for permanent residence. For more information, please refer to CIC web site.
If your claim is rejected
If your claim is rejected, the RPD will send you a
written Notice of Decision and an explanation of the reasons why your
claim was rejected.The Notice of Decision will tell you whether you can appeal the decision to the Refugee Appeal Division or file an application for leave and for judicial review with the Federal Court.
Most claimants can appeal to the RAD. However you cannot appeal to the RAD in the following cases:
·
you are
a designated foreign national;
·
your
refugee protection claim was withdrawn or abandoned;
·
the
RPD's decision says that your claim has no credible basis or is manifestly
unfounded;
·
you are
from a Designated Country of Origin (DCO) on the date the decision was made;
·
you
made your claim at a land border with the United States and the claim was sent
to the RPD as an exception to the Safe Third Country Agreement;
·
the
Minister applied to cease (stop) your refugee protection, and the RPD's
decision allows that application;
·
the
Minister applied to vacate (cancel) the decision to allow your refugee
protection claim, and the RPD's decision allows that application;
·
your
claim was sent to the IRB before the time stipulated in the amendments to the
Immigration and Refugee Protection Act concerning appeal rights.
Getting Help
IRB web site
Refugee
Protection Division Registry Contacts
|
|
Registry
|
Area of Responsibility
|
Eastern Region
|
|
Montreal
Telephone: 514-283-7733
or 1-866-626-8719Guy-Favreau Complex 200 René-Lévesque Blvd. West, East Tower, Room 102 Montréal, Quebec H2Z 1X4 Fax: 514-283-0164 |
·
Quebec
·
New Brunswick
·
Nova Scotia
·
Prince Edward Island
·
Newfoundland
·
Nunavut
·
Ottawa (Ontario)
|
Central Region
|
|
Toronto
Telephone:
416-954-100074 Victoria Street, Suite 400 Toronto, Ontario M5C 3C7 Fax: 416-954-1165 |
·
Ontario (except Ottawa)
|
Western Region
|
|
Vancouver
Tel.:
604-666-5946 or 1-866-787-747218th Floor, Library Square 300 West Georgia Street Vancouver, B.C. V6B 6C9 Fax: 604-666-3043 |
·
British Columbia
·
Yukon
·
Northwest Territories
|
Calgary
Tel.:
1-866-787-7472 or 1-855-504-6764Suite 201-225 Manning Road NE Calgary, Alberta T2E 2P5 Fax: 403-292-6131 |
·
Alberta
·
Saskatchewan
·
Manitoba
|
Citizenship and Immigration Canada (CIC)
Telephone: 1-888-242-2100Teletypewriter (TTY): 1-888-576-8502
CIC web site
Canada Border Services Agency (CBSA)
Telephone: 1-800-461-9999Teletypewriter (TTY): 1-866-335-3237
CBSA web site
Date modified:
2015-06-01
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Research Program
Government of Canada footer
Immigration and Refugee Protection Act (S.C. 2001, c. 27)
Full Document:
Act current to 2015-05-25 and last
amended on 2015-02-26. Previous Versions
Marginal note:Temporary resident
22. (1) A
foreign national becomes a temporary resident if an officer is satisfied that
the foreign national has applied for that status, has met the obligations set
out in paragraph 20(1)(b), is not inadmissible and is not the subject
of a declaration made under subsection 22.1(1).
Marginal note:Dual
intent
(2) An intention by a foreign national to become a
permanent resident does not preclude them from becoming a temporary resident if
the officer is satisfied that they will leave Canada by the end of the period
authorized for their stay.
2001, c.
27, s. 22;
2013, c.
16, s. 7.
Marginal note:Declaration
22.1 (1) The
Minister may, on the Minister’s own initiative, declare that a foreign national,
other than a foreign national referred to in section 19, may not become a
temporary resident if the Minister is of the opinion that it is justified by
public policy considerations.
Marginal note:Effective
period
(2) A declaration has effect for the period specified
by the Minister, which is not to exceed 36 months.
Marginal note:Revocation
(3) The Minister may, at any time, revoke a
declaration or shorten its effective period.
Marginal note:Report
to Parliament
(4) The report required under section 94 must include
the number of declarations made under subsection (1) and set out the public
policy considerations that led to the making of the declarations.
2013, c.
16, s. 8.
Marginal note:Entry to complete
examination or hearing
23. An officer may authorize
a person to enter Canada for the purpose of further examination or an
admissibility hearing under this Part.
Marginal note:Temporary resident permit
24. (1) A
foreign national who, in the opinion of an officer, is inadmissible or does not
meet the requirements of this Act becomes a temporary resident if an officer is
of the opinion that it is justified in the circumstances and issues a temporary
resident permit, which may be cancelled at any time.
Marginal note:Exception
(2) A foreign national referred to in subsection (1)
to whom an officer issues a temporary resident permit outside Canada does not
become a temporary resident until they have been examined upon arrival in
Canada.
Marginal note:Instructions
of Minister
(3) In applying subsection (1), the officer shall act
in accordance with any instructions that the Minister may make.
Marginal note:Restriction
(4) A foreign national whose claim for refugee
protection has been rejected or determined to be withdrawn or abandoned by the
Refugee Protection Division or the Refugee Appeal Division may not request a
temporary resident permit if less than 12 months have passed since their claim
was last rejected or determined to be withdrawn or abandoned.
Marginal note:Restriction
— designated foreign national
(5) A designated foreign national may not request a
temporary resident permit
o
(a) if they have made a claim for
refugee protection but have not made an application for protection, until five
years after the day on which a final determination in respect of the claim is
made;
o
(b) if they have made an
application for protection, until five years after the day on which a final
determination in respect of the application is made; or
o
(c) in any other case, until five
years after the day on which the foreign national becomes a designated foreign
national.
Marginal note:Suspension
of request
(6) The processing of a request for a temporary
resident permit of a foreign national who, after the request is made, becomes a
designated foreign national is suspended
o
(a) if the foreign national has
made a claim for refugee protection but has not made an application for
protection, until five years after the day on which a final determination in
respect of the claim is made;
o
(b) if the foreign national has
made an application for protection, until five years after the day on which a
final determination in respect of the application is made; or
o
(c) in any other case, until five
years after the day on which the foreign national becomes a designated foreign
national.
Marginal note:Refusal
to consider request
(7) The officer may refuse to consider a request for a
temporary resident permit if
o
(a) the designated foreign
national fails, without reasonable excuse, to comply with any condition imposed
on them under subsection 58(4) or section 58.1 or any requirement imposed on
them under section 98.1; and
o
(b) less than 12 months have
passed since the end of the applicable period referred to in subsection (5) or
(6).
2001, c.
27, s. 24;
2010, c.
8, s. 3;
2012, c.
17, s. 12.
o SCHEDULE
Date
modified:
2015-06-04
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---
What are my rights and responsibilities as a Canadian citizen?
Canadian citizens
have certain rights and responsibilities.
What are my rights
as a citizen?
If you are a
Canadian citizen, your rights include:
·
Language rights
·
Equality rights
·
Legal rights
·
Mobility rights
·
Freedom of religion
·
Freedom of expression
·
Freedom of assembly and association
The Canadian Charter of Rights and Freedoms gives you these
rights. In Ontario, the Ontario Human Rights Code also gives you rights.
Citizens also have
the right to apply for a Canadian passport. A Canadian passport allows you to return to
Canada at any time after travelling or living abroad.
Do I have
responsibilities as a citizen?
As a Canadian
citizen, you also have responsibilities:
·
To respect the rights and freedoms of others
·
To obey Canada's laws
·
To participate in the democratic process
·
To respect Canada's 2 official languages and
multicultural heritage
You can read Rights and Responsibilities in Canada to find out more
about your rights in Canada, and your rights as a Canadian citizen.
For More
Information
·
Canadian Heritage - This website promotes understanding of Canadian
citizenship values. Provides information on multiculturalism, our official
languages and Canadian sports, arts and heritage.
·
Citizenship and Immigration Canada (CIC) Offices Abroad - This is a listing
compiled by Citizenship and Immigration Canada of missions abroad that process
immigration applications.
·
Cultural Access Pass for New Citizens - As a new
Canadian citizen, you can use this pass to visit many cultural institutions in
your region for free. This program was launched by the Institute for Canadian
Citizenship.
·
Dual Citizenship - Information on
dual citizenship. From Citizenship and Immigration Canada (CIC).
Last updated: June
15, 2015
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