Refugee Hearing and Appeal

We represent clients through their refugee claim process, prepare them for questioning at their hearing, and make effective and persuasive oral submissions on their behalf before the Refugee Protection Division Board Member.

Our team provide advice and gather the necessary facts, information and documentary evidence to support and frame our client’s refugee claim.  We also provide guidance to our clients on the kind of personal documents and evidence the RPD will require, in an effort to maximize their chances of a positive refugee decision.

At the refugee hearing the Board Member will question claimants on all the details of their case, and to the extent that those details can be supported by personal documentary evidence, the Board Member is more likely to accept the claimant’s story. Our team will also conduct extensive research to support our client’s case with the most up to date materials from reliable sources.

We consider preparation for refugee hearings to be absolutely essential.  As such, our team will take the time to do a preparatory session, where we will pose the kind of questions that the claimant can expect to receive from the Board Member at the hearing.  This practice both assists with reviewing the essential elements of our client’s claim, provides reassurance and increases their confidence for their big day at the hearing.

Our team will assist clients (refugee claimants) through the eligibility process of their refugee claim. We will advise them on their rights and responsibilities, and explain the powers vested in the examination officers as prescribed in the Immigration and Refugee Protection Act (IRPA).

If the claim is made at the port of entry, the basis of claim and narrative forms must be filed with the Refugee Protection Division (RPD) within 15 days. If the individual makes an inland claim, the IRPA prescribes that an officer shall, within three working days after receipt of a claim determine whether the claim is eligible to be referred to the Refugee Protection Division.

We are well versed and experienced in dealing with convention refugee cases. Canada has an international obligation under the Refugee Protocol to provide safety and protection to asylum seekers, and we are determined to provide strong advocacy to our clients who fall under this immigration category.

According to section 96 of the Immigration and Refugee Protection Act, a convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion: is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.

Safe Third Country Agreement

Safe Third Country Agreement is an agreement dated December 5, 2002 between the Government of Canada and the Government of the United States of America, and was made for Cooperation between the two states in the Examination of Refugee Status Claims from Nationals of Third Countries. This agreement stipulates that refugee claimants who happen to have already put forth a claim in the U.S. and are subsequently arriving in a Canadian port of entry from the United States are not eligible to claim refugee protection in Canada unless they fall within the Exclusion Clause bracket.

At Dejamy Immigration & Citizenship Inc. We are knowledgeable on the Safe Third Country Agreement and will assist clients who have arrived in Canada through the U.S. and are subjected to Safe Third Country Agreement constraints. We examine our client’s case to see if it falls within the exception clauses bracket, such as whether they already have family members with legal status living in Canada. For More info…..

Am I eligible to file an Appeal to the Refugee Appeal Division?

In order to file an appeal to the Refugee Appeal Division, you must be found eligible. Reasons you are ineligible to make an appeal to the Refugee Appeal Division include but are not limited to:

• If your claim was found to be manifestly unfounded by the Immigration Refugee Board
• If your claim was found to have no credible basis by the Immigration Refugee Board
• If you fall under an exception of the Safe Third Country Agreement.
• If your refugee claim was withdrawn or abandoned
• If the Refugee Protection Division has allowed the Minister to cease or vacate your refugee status
• If your refugee claim was rejected because of an order to surrender under the Extradition Act
• If you made a Pre-Removal Risk Assessment Application and have received a decision on that application.

If you want to know if you are eligible to appeal to the Refugee Appeal Division or want to file an appeal to the Refugee Appeal Division or have already filed an appeal to the Refugee Appeal division, and would like assistance, we encourage you to contact us.