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Immigration and Refugee Protection Act

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发表于 3/23/2018 00:53:17 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 5/12/2018 00:15 编辑

Immigration and Refugee Protection Act
S.C. 2001, c. 27
Assented to 2001-11-01
An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
This Act may be cited as the Immigration and Refugee Protection Act.
              DefinitionsThe definitions in this subsection apply in this Act.
  • Board means the Immigration and Refugee Board, which consists of the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division. (Commission)
    Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule. (Convention contre la torture)
    designated foreign national has the meaning assigned by subsection 20.1(2). (étranger désigné)
    foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
    permanent resident means a person who has acquired permanent resident status and has not subsequently lost that status under section 46. (résident permanent)
    Refugee Convention means the United Nations Convention Relating to the Status of Refugees, signed at Geneva on July 28, 1951, and the Protocol to that Convention, signed at New York on January 31, 1967. Sections E and F of Article 1 of the Refugee Convention are set out in the schedule. (Convention sur les réfugiés)
  • Act includes regulations and instructions
  • Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).


  • 2001, c. 27, s. 2;
  • 2012, c. 17, s. 2, c. 19, s. 700.


Objectives and Application Objectives — immigration
  • The objectives of this Act with respect to immigration are

    • to permit Canada to pursue the maximum social, cultural and economic benefits of immigration;
    • to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada;
    • to support and assist the development of minority official languages communities in Canada;
    • to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions of Canada;
    • to see that families are reunited in Canada;
    • to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society;
    • to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces;
    • to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities;
    • to protect public health and safety and to maintain the security of Canadian society;
    • to promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks; and
    • to work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society.


    • Objectives — refugees
  • The objectives of this Act with respect to refugees are

    • to recognize that the refugee program is in the first instance about saving lives and offering protection to the displaced and persecuted;
    • to fulfil Canada’s international legal obligations with respect to refugees and affirm Canada’s commitment to international efforts to provide assistance to those in need of resettlement;
    • to grant, as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution;
    • to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment;
    • to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings;
    • to support the self-sufficiency and the social and economic well-being of refugees by facilitating reunification with their family members in Canada;
    • to protect the health and safety of Canadians and to maintain the security of Canadian society; and
    • to promote international justice and security by denying access to Canadian territory to persons, including refugee claimants, who are security risks or serious criminals.
      Application
  • This Act is to be construed and applied in a manner that
    • furthers the domestic and international interests of Canada;
    • promotes accountability and transparency by enhancing public awareness of immigration and refugee programs;
    • facilitates cooperation between the Government of Canada, provincial governments, foreign states, international organizations and non-governmental organizations;
    • ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles of equality and freedom from discrimination and of the equality of English and French as the official languages of Canada;
    • supports the commitment of the Government of Canada to enhance the vitality of the English and French linguistic minority communities in Canada; and
    • complies with international human rights instruments to which Canada is signatory.


  • 2001, c. 27, s. 3;
  • 2012, c. 1, s. 205.
  • Enabling Authority Minister of Citizenship and Immigration
Except as otherwise provided in this section, the Minister of Citizenship and Immigration is responsible for the administration of this Act.    Designated Minister
  • The Governor in Council may, by order, designate a minister of the Crown as the Minister responsible for all matters under this Act relating to special advocates. If none is designated, the Minister of Justice is responsible for those matters.
  • Minister of Public Safety and Emergency Preparedness
    The Minister of Public Safety and Emergency Preparedness is responsible for the administration of this Act as it relates to

    • examinations at ports of entry;
    • the enforcement of this Act, including arrest, detention and removal;
    • the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or
    • declarations referred to in section 42.1.

  • Minister of Employment and Social Development
    In making regulations under paragraphs 32(d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.
  • Specification
    Subject to subsections (1) to (2), the Governor in Council may, by order,

    • specify which Minister referred to in any of subsections (1) to (2) is the Minister for the purposes of any provision of this Act; and
    • specify that more than one Minister may be the Minister for the purposes of any provision of this Act and specify the circumstances under which each Minister is the Minister.


  • Publication
    Any order made under subsection (3) must be published in Part II of the Canada Gazette.



  • 2001, c. 27, s. 4;
  • 2005, c. 38, s. 118;
  • 2008, c. 3, s. 1;
  • 2012, c. 19, s. 701;
  • 2013, c. 16, s. 2, c. 40, s. 238;
  • 2014, c. 20, s. 299.



 楼主| 发表于 4/29/2018 15:43:02 | 显示全部楼层
本帖最后由 郭国汀 于 5/12/2018 00:21 编辑

Apply – Refugee status from inside Canada
In general, the Immigration and Refugee Board of Canada (IRB) will hear refugee claims within 60 days. If you come from a designated country of origin, they will process your asylum claim faster.
To apply for refugee status in Canada, follow these steps:

1. Decide where to apply
There are two ways to apply for refugee status in Canada:

Apply at a port of entry
You can apply for refugee status at any port of entry. This means an airport, seaport or land border.
The officer you make your refugee claim to will decide if your claim is eligible to be referred to the IRB. If your claim is eligible you will:
  • be given a date for your IRB hearing, and
  • have 15 days to complete all forms in the application package and submit them to the IRB.

Apply at an IRCC office
You can make a refugee claim in Canada at certain Immigration, Refugees and Citizenship Canada (IRCC) offices. If you choose to apply at an IRCC office, you:
  • must have all forms in the application package completed and with you.
  • will not be scheduled for an interview with an immigration officer until you show in person that you have completed all the forms.
If the officer decides that your refugee claim is eligible, you will be given a date for your IRB hearing.

2. Get the application package
To apply, you need to give us information about:
  • your background
  • your family, and
  • why you want to make a claim for refugee protection.
You do this by completing the forms in the application package.
The application package includes the application guide and all the forms you need to fill out.

3. Go to a hearing
If you are eligible to make a refugee claim, you will have to go to a hearing at the IRB.
The officer will tell you the date and time for your hearing and will give you a Notice to Appear for a Hearing. This notice will tell you:
  • where to go for the hearing
  • the time you must show up
  • the time your hearing will start.
You must take all your identity documents with you to your hearing. This includes your:
  • passport
  • driver’s licence, and
  • any other documents which may prove your identity or support your refugee claim.
Find out how to prepare for your hearing in the IRB’s Claimant’s Guide.
The IRB will assess your claim and decide if you are given refugee status.



 楼主| 发表于 4/29/2018 15:47:50 | 显示全部楼层
本帖最后由 郭国汀 于 5/12/2018 00:25 编辑

Applying for Refugee Protection from within Canada



This application is for persons in Canada who would like to make a claim for refugee protection.
Read these two instruction guides to help you complete your application and understand the application process:
This application includes:
  • Document Checklist [IMM 5745] (PDF, 280.65 KB)
    May 2017
  • Generic Application Form for Canada [IMM 0008] (PDF, 553.83 KB)
    February 2018
  • Additional Dependants/Declaration [IMM 0008DEP] (PDF, 424.19 KB)
    August 2014
  • Schedule A – Background/Declaration [IMM 5669] (PDF, 776.39 KB)
    December 2012
  • Schedule 12 - Additional Information – Refugee Claimants Inside Canada (IMM 0008 - Schedule 12) (PDF, 1.57 MB)
    February 2018
  • Basis of Claim Form (IRB)
  • Use of a Representative [IMM 5476] (PDF, 648.31 KB)
    September 2015


How to use this application package


Read the instruction guide to complete your application forms
  • Use the new Generic Application Form for Canada [IMM 0008]. It can be completed and saved on a computer. You will need Adobe Reader 10 or higher.
  • Completing the form electronically is easier and reduces the risk of errors.
  • Press the “Validate” button at the top or bottom of the application to make sure you have completed all the fields and to generate 2D barcodesbefore printing.
  • Trouble downloading? Right-click on the link and select ‘Save Target As…’






Complete, validate, and print your application forms
To ensure you submit all the pages:
IMM 0008:

  • Click on the “Validate” button at the top or bottom of the form.
    Note: Validating the form before printing ensures you have answered all the questions and will avoid delays in processing your application.
  • A last page with barcodes and a signature line will automatically be created.
  • Print, sign and date the form.
    • Print on white, bond-quality and non-glossy paper
    • Use of a laser printer is recommended
  • Place the barcode page on the top of each individual package.

Other forms:
Use the Document Checklist (PDF, 280.65KB) to make sure you include all the other forms and documents you need.






Submit your fully completed application forms in person to a Immigration, Refugees and Citizenship Canada office.






 楼主| 发表于 4/29/2018 18:42:08 | 显示全部楼层
本帖最后由 郭国汀 于 5/12/2018 00:52 编辑

Applying for Refugee Protection from within Canada (IMM 5746)

Table of Contents


This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.
This publication is available in alternative formats upon request.


Overview
Application package
This application package consists of:
  • an instruction guide and
  • the required forms

Note: In addition to the forms in this package, you will also need to complete the Basis of Claim form.

The instruction guide is a tool that provides:
  • the information you must know about this application before sending it to Immigration, Refugees and Citizenship Canada (IRCC) and
  • assistance with how to fill out the forms and the required supporting documents

Note: Important information about the Basis of Claim form and the refugee determination process at the Immigration and Refugee Board can be found at: www.irb-cisr.gc.ca/Eng/Pages/index.aspx

Read the instruction guide thoroughly and then fill out each of the applicable forms.
The forms are specifically designed with questions that will assist the processing of your application.


Symbols used in this guide
This guide uses the following symbols to indicate information of particular importance.


What you must do to have your application processed.



Important information that you need to be aware of in order to avoid delays or other problems.


Where to get more information.
Note:

Tips that will assist you with this application.






The application process
The instructions provided in this guide follow the basic steps you will need to know to complete your application.
  • Gather documents
  • Complete the required forms
  • Submit the completed forms to us in person
  • Eligibility interview



Before you apply
Who is eligible to have a claim for refugee protection referred to the Immigration and Refugee Board?
Canada offers refugee protection in Canada to those who fear persecution and who are unwilling or unable to return to their home country.
Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal that makes decisions on immigration and refugee matters. The IRB decides who is a Convention refugee or a person in need of protection.
Your refugee claim may not be eligible for referral to the IRB if:
  • You have been recognized as a Convention refugee by another country to which you can return;
  • You have already been granted protected person status in Canada;
  • You arrived via the Canada-United States border;
  • You are not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
  • You have been convicted of a serious crime;
  • You made a previous refugee claim that was found to be ineligible for referral to the IRB;
  • You made a previous refugee claim that was rejected by the IRB; or
  • You abandoned or withdrew a previous refugee claim.
In addition, people who are subject to a removal order cannot make a refugee claim.



Definitions
You may find the following definitions useful:

Convention refugee
Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:
  • race;
  • religion;
  • political opinion;
  • nationality; or
  • membership in a particular social group, such as women or people of a particular sexual orientation.

Person in need of protection
A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:
  • a danger of torture;
  • a risk to their life; or
  • a risk of cruel and unusual treatment or punishment.



Note
When must I apply?
You can apply for refugee protection at any time, as long as you are not subject to a removal order. To apply, you must complete the required forms and take them to a IRCC office.



Do I have to include my family members on my application?
All of your family members must be listed on your application whether they are with you in Canada or not.



Family members

Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.

Spouse
Refers to either of the two persons (opposite or same sex) in a marriage legally recognized in the country in which it took place, as well as in Canada.

Proxy, telephone, fax, internet and similar forms of marriage where one or both parties were not physically present are no longer considered as valid spousal relationships under the Immigration and Refugee Protection Regulations. For more information, consult Operational Bulletin 613.



Common-law partnerRefers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.
Common-law partners who have been in a conjugal relationship for at least one year but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.
Dependent children
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:
  • They’re under 22 years old, and
  • They don’t have a spouse or common-law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
  • They have depended on their parents for financial support since before the age of 22, and
  • They are unable to financially support themselves because of a mental or physical condition
Dependants must continue to meet these requirements until they enter Canada.
If we received your permanent residence application on or before October 23, 2017, a previous definition of dependent children may apply.
Not sure if your child is a dependant? Check if your child qualifies by answering a few questions.
Dependent child of a dependent childRefers to children of dependent children of the applicant and those of the spouse or common-law partner, if applicable.

Note: For applicants who started an immigration process before August 1st, 2014, consult the page Definition of Dependent Children Before August 1st, 2014.


Step 1: Gather documents
What documents are required?
The table below identifies the documents that you will need to send with your application. You may use the document checklist to ensure that your application includes all of the required documents.

Pieces of personal identification (ID’s)
All identity documents and relationship documents for the principal applicant and for all family members who are in Canada and are included in the application for refugee protection. These documents can include identity, travel or other documents that you have with you now to support your claim, including documents that are not genuine, documents that you got in an irregular or illegal way or by giving information that is not true, and documents you used that do not really belong to you.
Example of pieces of personal identification include:
  • passport
  • travel document
  • birth certificate
  • identity cards
  • baptismal record
  • school certificate as proof of identity
  • marriage certificate (as proof of relationship)
  • political or social organization’s membership card

Note: If you do not have any documents that prove your identity, you will be asked to explain the absence of such documents at your eligibility interview. It is to your benefit to provide all supporting documentation.

Format: Originals

Other Supporting Documents
In addition to the identity and relationship documents listed above, you may also include documents that support your claim for refugee protection, if they are available.
Some examples of documents you could provide include:
  • your school records, education certificates or professional qualifications
  • police or medical reports
  • your membership cards for political groups, unions or other groups
  • business records
  • news articles and human rights reports on country conditions, etc.
For more information, please see the Claimant’s Guide on the IRB website.
Format: Original and photocopies

Two (2) photos for each person
Step
Action
1
Include 2 photos of yourself and each of your family members in Canada who are applying for refugee protection.
2
Write the name and date of birth of the person on the back of one (1) of the photos.

Format: Original



Translation of documents
If your documents are not in either English or French, you must have them translated into the official language (English or French) that you have chosen for your proceeding. The translations and a translator’s declaration must be provided, along with copies of the documents. The translator’s declaration must include:
  • the translator’s name;
  • the language translated; and
  • a statement signed by the translator that the translation is accurate.
If you do not provide your documents in either English or French, they cannot be used at the IRB proceeding unless the Member (the person who hears the case and makes the decision) agrees.
For more information, please see the Claimant’s Guide on the IRB website.


Medical requiremens
If your refugee claim is determined to be eligible for referral to the Immigration and Refugee Board, you and your family members will have to undergo a medical examination.
The office where you make your refugee claim will instruct you how to do this, and give you documents you will need to take to the physician.

Note: the eligibility of your refugee claim will not be affected by the outcome of your medical examination.




Step 2: Complete the Required Forms
Filling out the application
The following are the forms that must be filled out and submitted:
  • Generic Application Form for Canada (IMM 0008) (PDF, 553.83KB), Principal Applicant only
  • Additional Dependants/Declaration (IMM 0008 DEP) (PDF, 424.19KB), if you have more than five (5) dependants
  • Schedule A – Background/Declaration (IMM 5669) (PDF, 776.39KB), to be completed by the Principal Applicant, their Spouse/Common-Law Partner, andany dependants who are 18 years of age or older, and in Canada
  • Schedule 12 – Refugee Claimants Inside Canada (IMM 0008–Schedule 12) (PDF, 1.22MB)
  • Basis of Claim Form, to be completed by each family member who is claiming refugee protection in Canada (including minors)
  • Document Checklist (IMM 5745) (PDF, 280.65KB)
  • Use of a Representative (IMM 5476), if applicable. (PDF, 648.31KB)


Important information:
It is a serious offence to give false or misleading information on these forms. The information you provide on your application may be subject to verification.


Be complete and accurate

Important information:
Complete all sections. If a section does not apply to you, write “Not Applicable” or “NA”. If the required forms are incomplete, you will not be able to proceed to an interview with an officer and your refugee claim will not be received.
If you need more space for any section, print out an additional page(s) containing the appropriate section, complete it and submit it along with your application.



Genric Application Form for Canada (IMM 0008)
Who must fill out this application form?
This form must be completed by:
  • You, the principal applicant.




Note

Completing the form
You must answer all questions on this application form unless indicated otherwise.
Download and fill out the application form on a computer.
You also have the option of saving your form and completing it later.

Note: Completing the form electronically is easier and reduces the risk of errors that can slow down the application process.

In order to help you fill out the application form, read and follow the steps below


Application Details
Question 1
From the list, select the Program under which you are applying:
  • Family
  • Economic
  • Refugee
  • Other
Question 2
From the list, select the Category under which you are applying:
  • If you chose “Family” in question 1, select one of the following:
    • Spouse
    • Common-law partner
    • Conjugal partner
    • Dependent child/adopted child
    • Child to be adopted in Canada
    • Parents/grandparents
    • Orphaned sibling/nephew/niece/grandchild
    • Other relative
  • If you chose “ Economic” in question 1, select one of the following:
    • Skilled worker
    • Skilled trades
    • Self-employed
    • Provincial nominee
    • Canadian experience class
    • Quebec selected skilled worker
    • Quebec selected entrepreneur
    • Quebec selected self employed
    • Quebec selected investor
    • Live-in Caregiver Program (LCP)
    • Caring for Children Class
    • Caring for People with High Medical Needs
    • Startup Business
    • Atlantic Intermediate Skilled Program
    • Atlantic High-Skilled Program
    • Atlantic International Graduate Program
  • If you chose “Refugee” in question 1, select one of the following:
    • In Canada – Refugee Claim
    • In Canada – Protected Person (for Convention Refugees or other protected persons applying for permanent residence from within Canada)
    • Outside Canada – Refugee (for Convention Refugees or other protected persons applying for permanent residence from outside Canada)
  • If you chose “Other” in question 1, select one of the following:
    • In Canada – Humanitarian & Compassionate Considerations
    • Permit Holder Class

Question 3
Indicate the total number of family members included in your application. This includes yourself and any family members, regardless of whether they intend to accompany you to Canada or not.
For refugee claimants in Canada only: Indicate the total number of family members included in your application for refugee protection who are with you in Canada.
Question 4
Language preference
From the list, select your preferred language for:
  • correspondence
  • interview (if you select English or French, an interpreter will not be required), andNote: If your native language does not appear in this list, select “other”.
  • interpreter requested (necessary if English or French is not selected for the interview).
Question 5
Where do you intend to live in Canada?
From the list select the:
  • Province/Territory
  • City/Town
Question 6
If you intend to live in the Province of Quebec and are applying under a Quebec immigration program, have you received your Certificat de Sélection du Québec (CSQ)?
  • Check the corresponding box
  • If you checked “Yes”, please indicate the CSQ number
  • If you checked “No”, indicate the date when you applied for your CSQ (if you have not yet applied, please do so before applying for permanent residence)
Note: If you are not applying under a Quebec immigration program, check “no” for Question 6 a) and leave 6 c) blank.




Principal Applicant’s Personal Details
The following questions must be answered by the Principal Applicant.

Question 1
Indicate your full family name (surname or last name) as it appears on your passport, travel or identity document.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, indicate your family name(s).

Indicate all of your given name(s) (first, second or more) as they appear on your passport, travel or identity document. Do not use initials.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, indicate “Child” or leave the given name field blank.

Question 2
Nickname/Alias
Check the box to indicate if you have ever used any other name than those indicated in question one. This could be your birth name, maiden name, married name, nickname, etc. If “Yes”, provide your nickname/alias by indicating it in the family name and given name(s) fields.
Question 3
Indicate your Unique Client Identifier number (UCI) or Client Identification number (Client ID), if known (8 or 10-digit number). Otherwise, leave it blank. If this is your first application with IRCC you will not have a UCI or a Client ID.
Question 4
From the list, select your sex (male, female or unknown).
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select “Unknown”.

Question 5
Indicate your height in either centimetres or feet and inches.
Question 6
From the list, select your eye color.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select “Other”.

Question 7
Indicate your complete date of birth.
Note: If you do not know your complete date of birth, please use a “*” (star sign/asterisk) to fill in the spaces for the unknown year, month or day.

Question 8
Note, if your city, town, or country of birth is indicated in your passport or your travel document, please record it as it appears in the document.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, indicate “Unknown” for the city or town and select the country where you intend to adopt a child.

Question 9
Citizenship(s)
  • From the list, select your country of citizenship.
  • If you are a citizen of more than one country, select your other country of citizenship.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select the country where you intend to adopt a child.

Question 10
Current country of residence
From the list, select the appropriate information to indicate:
  • The name of your current country of residence. Your country of residence is the country in which you are residing, provided that you have been lawfully admitted to that country.
For refugee claimants in Canada only: select Canada whether you have been lawfully admitted or not.
  • Your immigration status in that country (indicate one of the following):
    • Citizen
    • Permanent resident
    • Visitor
    • Worker
    • Student
    • Other
    • Protected Person
    • Refugee Claimant
    • Foreign National
  • Other: This section must be completed if you selected “Other” as a status.
  • The dates (From – To) you have been living in your current country of residence.
For out-of-status applicants:
  • Under “Status” select “Other”;
  • Under “Other” type in “Out of status, requires restoration”;
  • Leave the “From” and “To” boxes blank.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select the country where you intend to adopt a child and “Citizen” as the immigration status in that country.

Question 11
Enter the date of your last entry to Canada, if applicable.
Indicate the place you last entered Canada (example: Toronto airport, Lacolle border crossing, seaport Yarmouth, etc.).
Question 12
Previous countries of residence
Check the box to indicate whether you have lived in any country other than your country of citizenship or your current country of residence for more than six (6) months in the past five (5) years.
If you checked “Yes”, from the list select the appropriate information to indicate the following:
  • The name of the country you lived in
  • Your immigration status for the time you were in that country: Citizen
    • Permanent resident
    • Visitor
    • Worker
    • Student
    • Other
    • Protected Person
    • Refugee Claimant
    • Foreign National
  • Other: This section must be completed if you selected “Other” as a status
  • The dates (From – To) you were living in that country.
Question 13
  • From the list, choose your current marital status:
    Annulled Marriage:
    This is a marriage that is legally declared as not valid. An annulment can also be a declaration by the Catholic Church that the marriage union did not have a binding force.
    Common-
    Law:
    This means that you have lived continuously with your partner in a marital-type relationship for a minimum of one (1) year.
    Divorced:
    This means that you are officially separated and have legally ended your marriage.
    Legally Separated:
    This means that you are married, but no longer living with your spouse.
    Married:
    This means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada.
    Single:
    This means that you have never been married and are not in a common-law relationship.
    Widowed:
    This means that your spouse has died and that you have not re-married or entered into a common-law relationship.
  • Enter the date (year, month and day) you were married or you entered into your current common-law relationship.
  • Indicate the family name(s) and given name(s) of your current spouse or common-law partner.

Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select “Single”.

Question 14
Check the box to indicate whether you have previously been married or in a common-law relationship. If you checked “Yes”, provide the following details for your previous spouse/common-law partner:
  • Family name(s)
  • Given name(s)
  • Type of relationship:
    • Common-law or
    • Married
  • Dates (From – To) for which you were in the relationship with your previous spouse/common-law partner
  • Date of birth.



Contact Information
Question 1
Indicate your current mailing address (where information should be mailed) by typing the following information:
  • Post Office Box (P.O. Box) number, if applicable. If you do not indicate post office box, the Street number must be provided
  • Apartment (Apt.) or Unit, if applicable
  • Street number (No.), if applicable. It is the number on your house or apartment building. This must be provided if you did not type in a P.O. Box
  • Street name, if applicable
  • City or Town
  • From the list, select the Country of your current mailing address
  • Province or State
  • Postal code/zip code
  • District, if applicable
Note: All correspondence will go to this address unless you indicate your e-mail address.

If you wish to have a representative who can conduct business on your behalf, you must provide their address in this section and on the Use of a Representative (IMM 5476) form.
For more information read the Use of a Representative section in this guide.
Question 2
Check the box to indicate whether your residential address (where you live) is the same as your mailing address. If “No”, indicate the following information:
  • Apartment (Apt.) or Unit, if applicable
  • Street Number (No.). It is the number on your house or apartment building.
  • Street Name
  • City or Town
  • Country
  • Province or State
  • Postal Code/zip code
  • District, if applicable
Question 3
Check the appropriate box to indicate if the telephone number is from Canada/the United States (US) or Other (any other country).
From the list, select the type of telephone:
  • Residence (home)
  • Cellular (cell/mobile)
  • Business (work)
Indicate your telephone number including the country code, area/regional codes, etc.
If you have an extension number, indicate it after your phone number under “Ext.”
Question 4
Check the appropriate box to indicate if your alternate telephone number is from Canada/the United States or Other (any other country).
From the list, select the type of telephone:
  • Residence (home)
  • Cellular (cell/mobile)
  • Business (work)
Indicate your telephone number including the country code, area/regional codes, etc.
If you have an extension number, indicate it after your phone number under “Ext.”
Question 5
Check the appropriate box to indicate if the facsimile (fax) number is from Canada or the United States or Other (any other country).
If applicable, indicate your facsimile (fax) number, including country code, area/regional codes, etc.
Question 6
If applicable, indicate your e-mail address using a format similar to the following: name@provider.net
Note: By indicating your e-mail address, you are hereby authorizing IRCC to transmit your file and personal information to this specific e-mail.




Passport
Question 1
Check the appropriate box to indicate if you have a valid passport or travel document.
Question 2
If you checked “Yes”, provide your passport or travel document number. Make sure there is no space between each number or letter.
Question 3
From the list, select the country that issued your passport or travel document.
Question 4
Enter the date your passport or travel document was issued.
Question 5
Enter the expiry date of your passport or travel document.



National Identity Document
Question 1
Check the appropriate box to indicate if you have a valid identity document.
Question 2
If you checked “Yes”, provide your identity document number. Make sure there is no space between each number or letter.
Question 3
From the list, select the name of the country that issued your identity document.
Question 4
Enter the issue date of your identity document.
Question 5
Enter the expiry date of your identity document.



Education/Occupation Detail
Question 1
From the list, select your highest level of education.
Type of education
NoneNo education.Secondary or lessHigh school diploma obtained after elementary school and before college, university, or other formal training.Trade / Apprenticeship certificate / DiplomaDiploma completed in a specific trade, such as carpentry or auto mechanics.Non-university certificate / DiplomaTraining in a profession that requires formal education but not at the university level (for example, dental technician or engineering technician).Post-secondary – No degreePost-secondary studies at a college or university but no degree earned.Bachelor’s degreeAcademic degree awarded by a college or university to those who completed an undergraduate curriculum; also called a baccalaureate. Examples include a Bachelor of Arts, Science or Education.Post Graduate – No degreePost Graduate studies at a college or university but no degree earned (Master or PhD).Master’s degreeAcademic degree awarded by a graduate school of a college or university. You must have completed a Bachelor’s degree before a Master’s degree can be earned.Doctorate – PhDHighest university degree, usually based on at least three (3) years of graduate studies and a thesis. Normally, you must have completed a Master’s degree before a PhD can be earned.Question 2
Indicate the total number of years of formal education that you have completed, including elementary and secondary school.
Question 3
Indicate your current occupation.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, indicate “Unknown”.

Question 4
Indicate your intended occupation in Canada.
Note: If you are a parent of a child to be adopted in Canada who is not yet identified, indicate “Unknown”.




Language Detail
Question 1
  • From the list, select your first (native) language. This is the language that you learned at home during your childhood and which you still understand.
    Note: If your native language does not appear in this list, select “Other”.
  • If your native language is not English or French, select from the list which one you would most likely use:

    • English
    • French
    • Neither

Note: This question is not used for selection purposes. One of Canada’s objectives with respect to immigration is to support and assist the development of minority language communities in Canada.

Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select the native language of the country where you intend to adopt a child.

Question 2
From the list, select whether you are able to communicate in English and/or French:
  • English
  • French
  • Both
  • Neither



Dependant(s)
You, the principal applicant must answer each question on behalf of each of your dependant(s).

Note: Remember that all questions in this section are about your dependant. You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or Canadian citizens.


You can add up to five (5) dependants in this form (IMM 0008) (PDF, 553.83KB).
To add a new dependant to the application, click the “Add Dependant” button, located at the bottom of the page.
To remove a dependant from the application, click the “Remove Dependant” button.
If you have more than five (5) family members, you must complete the Additional Dependants/Declaration (IMM 0008DEP) (PDF, 424.19KB) form for each additional family member in order to include everyone in your application.


Note



Important
You must list all family members in your application for permanent residence, whether they are accompanying you to Canada or not. You must also provide details on family members whose location is unknown (including those missing or presumed dead). If you don’t, you will not be able to sponsor family members at a later date if they are not listed on your application.






Dependant’s Personal Details
Questions 1-9
Questions 1 to 9 are identical to the questions you answered for yourself. Refer to the previous instructions to help you answer the questions for your dependant(s).
Question 10
  • From the list, select your dependant’s relationship to you, the principal applicant:
    • Adopted Child
    • Child
    • Common-law partner
    • Grandchild
    • Other
    • Spouse
    • Step-Child
    • Step-Grandchild
  • Complete if you chose “Other”
Question 11
  • Check the box to indicate whether or not, your dependant will accompany you to Canada.
  • If you answered “No”, provide the reason why your dependant is non-accompanying.
Question 12
From the list, select the type of dependant:
Type AThe dependant is under the age of 22 and single (not married and not in a common-law relationship).Type B (Important: This dependent type applies only if your child’s age was locked in before August 1, 2014)The dependant has been continuously enrolled in and in attendance as a full time student at a post-secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent since before the age of 22.Type CThe dependant is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.Question 13
Current country of residence
From the list, select the appropriate information to indicate:
  • The name of your dependant’s current country of residence. The country of residence is the country in which they are residing, provided they have been lawfully admitted to that country.
For refugee claimants in Canada only: select Canada whether your dependant has been lawfully admitted or not.
  • Your dependant’s immigration status in that country (indicate one of the following):
    • Citizen
    • Permanent resident
    • Visitor
    • Worker
    • Student
    • Other
    • Protected Person
    • Refugee Claimant
    • Foreign National
  • Other: This section must be completed if you selected “Other” as a status.
  • The dates (From – To) your dependant has been living in their current country of residence.
For out-of-status applicants:
  • Under “Status” select “Other”;
  • Under “Other” type in “Out of status, requires restoration”;
  • Leave the “From” and “To” boxes blank.
Question 14
Enter the date of your dependant’s last entry to Canada.
Indicate the place they last entered Canada (example: Toronto airport, Lacolle border crossing, seaport Yarmouth, etc.).
Question 15
Previous countries of residence
Check the box to indicate whether your dependant has lived in any country other than their country of citizenship or their current country of residence for more than six (6) months in the past five (5) years.
If you checked “Yes”, select the appropriate information from the list to indicate the following:
  • The name of the country your dependant lived in
  • Your dependant’s immigration status for the time they were in that country:
    • Citizen
    • Permanent resident
    • Visitor
    • Worker
    • Student
    • Other
    • Protected Person
    • Refugee Claimant
    • Foreign National
  • Other: This section must be completed if you selected “Other” as a status
  • The dates (From – To) your dependant was living in that country.
Question 16
  • From the list, choose your dependant’s current marital status:

    • Annulled Marriage
    • Common-Law
    • Divorced
    • Legally Separated
    • Married
    • Single
    • Widowed
  • Enter the date (year, month and day) your dependant was married or entered into their current common-law relationship.
  • Indicate the family name(s) and given name(s) of your dependant’s current spouse or common-law partner.
Question 17
Check the box to indicate whether your dependant has previously been married or in a common-law relationship. If you checked “Yes”, provide the following details for your dependant’s previous spouse/common-law partner:
  • Family name(s)
  • Given name(s)
  • Type of relationship:
    • Common-law or
    • Married
  • Dates (From – To) for which your dependant was in the relationship with their previous spouse/common-law partner.



Passport
Question 1
Check the appropriate box to indicate if your dependant has a valid passport or travel document.
Question 2
If you checked “Yes”, provide their passport or travel document number. Make sure there is no space between each number or letter.
Question 3
From the list, select the name of the country that issued their passport or travel document.
Question 4
Enter the issue date of their passport or travel document.
Question 5
Enter the expiry date of their passport or travel document.



National Identity Document
Question 1
Check the appropriate box to indicate if your dependant has a valid identity document.
Question 2
If you checked “Yes”, provide their identity document number. Make sure there is no space between each number or letter.
Question 3
From the list, select the name of the country that issued their identity document.
Question 4
Enter the issue date of their identity document.
Question 5
Enter the expiry date of their identity document.



Education/Occupation Detail
Question 1
From the list, select your dependant’s highest level of education.
For definitions, refer to the type of education table.
Question 2
Indicate the total number of years of formal education that they completed, including elementary and secondary school.
Question 3
Indicate their current occupation.
Question 4
Indicate their intended occupation in Canada.



Language Detail
Question 1
  • From the list, select your dependant’s first (native) language. This is the language that they learned at home during their childhood and which they still understand.
    Note: If the native language does not appear in this list, select “Other”.
  • If your dependant’s native language is not English or French, select from the list which one they would most likely use:
    • English
    • French
    • Neither

Note: This question is not used for selection purposes. One of Canada’s objectives with respect to immigration is to support and assist the development of minority language communities in Canada.

Note: If you are a parent of a child to be adopted in Canada who is not yet identified, select the native language of the country where you intend to adopt a child.

Question 2
From the list, select whether they are able to communicate in English and/or French:
  • English
  • French
  • Both
  • Neither
Question 3
Check Yes or No to indicate if you have taken a test from a designated testing agency to assess your proficiency in English or French.



Consent and Declaration of Applicant
Refer to the following table in order to complete your form properly.

  • Once the application is completed, click on the “Validate” button located at the top or bottom of the form. This will generate a barcode page or pages (see image below).
    Note: This barcode page will not appear if you fill out your application by hand.
  • Print all pages of your application form.
  • Read all of the statements in all sections carefully and:

    Note

    • Write your name in the space provided.
    • Check the appropriate box to indicate if you agree that the information contained in this application related to your intended occupation, education and work experience may be shared with prospective employers in order to assist them in hiring workers.
    • Sign and date in the spaces provided.
    By signing, you certify that you fully understand the questions asked, and that the information you have provided is complete, truthful, and correct. If you do not sign and date, the application will be returned to you.
  • Place the barcode page(s) on the top of your application (forms and supporting documents) when you submit it.




Additional Dependants/Declaration Form (IMM 0008DEP)
Who must fill out this application form?
This form must be completed by:
  • You, the principal applicant, on behalf of each of your dependants not included in the Generic Application Form for Canada (IMM 0008).
The questions are the same that you answered for yourself and other dependants on the IMM 0008.
Follow the previous instructions to help you answer the questions.



Consent and Declaration of Applicant
Read all of the statements in all sections carefully and then:
  • Write your dependant’s name in the space provided.
  • Check the appropriate box to indicate if you agree that the information contained in this application related to your dependant’s intended occupation, education and work experience may be shared with prospective employers in order to assist them in hiring workers.
  • Sign and date in the spaces provided.
By signing, you certify that your dependant fully understands the questions asked, and that the information you have provided is complete, truthful, and correct. If you do not sign and date, the application will be returned to you.

Note: If you are less than 18 years of age, your form must be signed by one of your parents or a legal guardian.







Schedule A – Background/Declaration (IMM 5669)
Who must fill out this application form?
This form must be completed by:
  • you, the principal applicant;
  • your spouse or common-law partner (whether accompanying you to Canada or not), and
  • your dependent children aged 18 years or older (whether accompanying you to Canada or not).
For refugee claimants in Canada: Only family members included in your application for refugee protection who are with you in Canada must complete this form.

Question 1
Indicate your full family name (surname or last name) as it appears on your passport, travel or identity document.
Indicate all of your given name(s) (first, second or more) as they appear on your passport, travel or identity document. Do not use initials.
Question 2
Indicate your name in your native language or script (if applicable).
For example: Arabic, Cyrillic, Chinese, Farsi, Korean, Japanese characters or Chinese commercial/telegraphic code.
Question 3
Indicate your date of birth.
Note: If you do not know your complete date of birth, please use a “*” (star sign/asterisk) to fill in the spaces for the unknown year, month or day.

Question 4
Provide your father’s personal details including his:
  • family name (surname or last name),
  • given name(s),
  • date of birth,
  • town or city of birth,
  • country of birth,
  • date of death (if applicable).
Question 5
Provide your mother’s personal details including her:
  • family name (surname or last name),
  • given name(s),
  • date of birth,
  • town or city of birth,
  • country of birth,
  • date of death (if applicable).
Question 6
Answer each question of the section by checking the appropriate box.
If you answered “Yes” to one or more of these questions, you must write an explanation of what happened in the space provided. If you need more space, attach a separate sheet of paper.
Question 7
Education
Indicate the number of years of formal education you have which you have completed at each of the levels indicated.
Provide the details about each secondary and post secondary educational institution you attended, including the:
  • period of time that you attended the institution,
  • name of the institution,
  • city and country,
  • type of certificate or diploma issued, and
  • field of study.
If no diploma was issued, write “N/A”. If you need more space, attach a separate sheet of paper.
Question 8
Provide the details of your personal history since the age of 18, or the past 10 years, whichever is most recent.
Start with the most recent information. Under “Activity”, write your occupation or job title if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, travelling, retired, in detention, etc.). If you were outside your country of nationality, indicate your status in that country.
Note: Please ensure that you do not leave any gaps in time.

Important information: Failure to account for all time periods will result in a delay in the processing of your application.
Question 9
Indicate the names of all membership or association with organizations you are or were a member of, including:
  • political organizations,
  • social organizations,
  • youth or student organizations,
  • trade unions, and
  • professional associations.
If you were not a member of an association or organization, do not write “not applicable”. Rather, write: “I have never been a member of an organization or association”.
Note: Do not use abbreviations. Write the city and country where you were a member.

Question 10
Indicate any government positions you have held in the past such as:
  • Civil servant;
  • Judge;
  • Police officer;
  • Employee in a security organization;
  • Etc.
Write “NONE” in the box if you have not been a member of an association or organization.
Include:
  • the name of the country and the level of jurisdiction (examples: national, regional or municipal),
  • the name of the department or the branch you worked for, and
  • activities and/or positions that you held.
Note: Do not use abbreviations.

Question 11
Give complete details about your military or paramilitary service (if applicable). Provide the details of your military or paramilitary service for each of the countries whose armed forces you served in. If you were not in any military or paramilitary service, write “NONE”. Do not leave gaps in time.
Question 12
Indicate the residential addresses where you have lived since your 18th birthday or the past 10 years, whichever is most recent, complete with the postal code. Do not use P.O. box addresses.


Note



Authority to disclose personal information
Declaration of applicant
Read all of the statements in all sections carefully. Sign and date in the boxes provided. By signing, you certify that you fully understand the questions asked, and that the information you have provided is complete, truthful, and correct. If you do not sign and date, the application will be returned to you.




Note: The bottom section of Schedule A should not be completed at this time.







Schedule 12 - Additional Information – Refugee Claimants Inside Canada (IMM 0008 - Schedule 12)
Who must fill out this application form?
This form must be completed by:
  • You, the principal applicant.

Note: You will be required to provide some information on behalf of any family members who are in Canada and also applying for refugee protection.


Question 1
Indicate your full last name (surname/family name) as it appears on your passport, travel or identity document.
Indicate all of your given name(s) (first, second or more) as they appear on your passport, travel or identity document. Do not use initials.
Question 2
Indicate your complete date of birth.
Question 3
Indicate your Universal Client Identification number (UCI), Client Identification number (Client ID), if known (8 or 10-digit number). Otherwise, leave it blank. If this is your first application with us, you will not have a UCI or a Client ID.
Question 4
List all documents, genuine or false, that you have in your possession that were not included in the Generic Application Form for Canada (IMM 0008). These documents can include identity, travel or other documents that you have with you now to support your claim.
Note: These can be documents that are not genuine, documents that you got in an irregular or illegal way or by giving information that is not true, and documents you used that do not really belong to you.
Examples of identity documents include:
  • passport
  • seaman's book
  • driver’s license
  • birth certificate
  • electoral card
Include information such as the:
  • type of document
  • name indicated in the document
  • country or organization of issue
  • answer “Yes” or “No” to indicate whether this document is currently in your possession, and
  • answer “Yes” or “No” to indicate whether this document is a genuine document.
Question 5
List all documents, genuine or false, that your family members have in their possession that were not included in the Generic Application Form for Canada (IMM 0008). These documents can include identity, travel or other documents that they have with them now to support your claim.
Note: These can be documents that are not genuine, documents that they got in an irregular or illegal way or by giving information that is not true, and documents they used that do not really belong to them.
Examples of identity documents include:
  • passport
  • seaman's book
  • driver’s license
  • birth certificate
  • electoral card
Include information such as the:
  • type of document
  • name indicated in the document
  • country or organization of issue
  • answer “Yes” or “No” to indicate whether this document is currently in their possession
  • answer “Yes” or “No” to indicate whether this document is a genuine document.
Question 6
If any persons helped you, or your family members, get to Canada, provide information about them, such as:
  • their name,
  • the type of assistance they provided (for example: purchased plane ticket, provided false travel documents, traveled with you to Canada, crossed the Canadian border with you, etc), and
  • the amount you paid to them, if applicable.
Such a person could be a travel agent, immigration consultant, etc.
Question 7
Indicate how much money you, and your family members, have in your possession and the currency (Canadian or American dollars, Euros, British Pounds, etc).
Question 8
Arrests and criminal offences
Add a sheet of paper if you need more space to list additional arrests and/or criminal offences, or to explain the circumstances of any acquittal, discharge or pardon. You may also attach any supporting documents such as court documents.
a) Check “Yes” or “No” to indicate if you, or any of your family members, have ever been sought, arrested, or detained by the police or military or any other authorities in any country, including Canada.
If “Yes”, in the spaces provided, indicate:
  • the name of the person who was sought, arrested, or detained by the police or military or any other authorities (your name or your family members’ names),
  • by whom that person was sought, arrested, or detained,
  • in which country,
  • the period detained (From-To), and
  • provide the reason.
b) Check “Yes” or “No” to indicate if you, or your family members, have ever committed or been charged with or convicted of any crime, in any country, including Canada.
c) If you answered “Yes” in 8b), in the spaces provided, list all crimes, including those for which you or your family members were never charged, or if you/they were charged, include those crimes for which you/they were acquitted, discharged or pardoned.
In the spaces provided, indicate:
  • details regarding the nature of the crime of offence
  • the location of the crime
  • the date of the charge,
  • the result/outcome and date of the result/outcome (such as the conviction or acquittal, etc)
  • if convicted, indicate the sentence, and
  • indicate the period of prison term served (From-To), if applicable.
Question 9
Your travel to Canada
Indicate the exact route you, and your family members used to come to Canada immediately before making this refugee claim, including any transit countries (for example, airport layovers).
Indicate details such as:
  • the date of your departure (for each leg of your journey to Canada)
  • the city and country of your departure,
  • the method(s) of transportations you used,
  • provide any details about the journey
  • your date of arrival at the next point in your journey (including transit points), and
  • each city and country through which you traveled on your way to Canada (if applicable) ending with where you arrived in Canada.
Note: Your route/itinerary may have taken many months or years to complete, you may have traveled through multiple countries, and you may have used different modes of transportation (e.g. plane, bus, boat, train).

Authority to disclose personal information
Declaration of applicant



Note: Read all of the statements in all sections carefully. Sign and date in the boxes provided. By signing, you certify that you fully understand the questions asked, and that the information you have provided is complete, truthful, and correct.






Use of a Representative (IMM 5476)
Who may use this form?
Complete this form only if you:
  • are appointing a representative;
  • have to update contact information for your previously appointed representative; or
  • are cancelling a representative’s appointment.
If you have dependent children aged 18 years or older, they are required to complete their own copy of this form if a representative is also conducting business on their behalf.

Who is a representative?
A representative is someone who provides advice, consultation, or guidance to you at any stage of the application process, or in a proceeding and, if you appoint him or her as your representative by filling out this form, has your permission to conduct business on your behalf with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
You are not obliged to hire a representative. We treat everyone equally, whether they use the service of a representative or not.
When you appoint a representative:
  • you also authorize IRCC and CBSA to share information from your case file with this person in place of you. Please note the representative will receive all correspondence from IRCC or the CBSA, not the applicant;
  • your application will not be given special attention nor can you expect faster processing or a more favourable outcome;
  • the representative is authorized to represent you only on citizenship or immigration matters related to the application you submit with this form; and
  • you can appoint only one (1) representative for each application you submit.

Important information: You must notify IRCC if your representative’s contact information changes, or if you change your representative, or cancel the appointment of your representative. For more information on updating IRCC with your representative’s information, please see below section - Notify IRCC about any changes.

There are two (2) types of representatives.
Uncompensated Representatives:
Uncompensated representatives do not charge fees or receive any other form of consideration or compensation for providing advice or services to represent you before IRCC or the CBSA.
Uncompensated representatives include:
  • friends and family members who do not, and will not, charge a fee or receive any other consideration for their advice and services;
  • organizations that do not, and will not, charge a fee or receive any other consideration for providing citizenship or immigration advice or assistance (such as a non-governmental or religious organization);
  • consultants, lawyers and Quebec notaries, and students-at-law under their supervision, who do not, and will not, charge a fee or receive any other consideration to represent you.
Note: You do not have to pay someone for them to be your representative. IRCC will conduct business with an uncompensated representative if an applicant appoints them on their behalf.
Compensated representatives:
Compensated representatives charge a fee or receive some other form of consideration in exchange for the representation that they provide.
It is important to know that anyone who represents or advises you for payment - or offers to do so - in connection with IRCC proceedings or applications is breaking the law unless they are an authorized representative or they have a specific agreement or arrangement with the Government of Canada that allows them to represent or advise you. This applies to advice or consultation which happens before or after a citizenship or an immigration application is made or a proceeding begins.
IRCC will only conduct business with compensated representatives who are in good standing with their designated regulatory body. For more information see - Find out if your representative is authorized.
Note: If a representative is being paid or compensated by someone other than you, the representative is still considered to be a compensated representative.
Authorized representatives are:
  • consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC);
  • lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society and students-at-law under their supervision;
  • notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision.
If you appoint a compensated representative who is not a member in good standing of one of these designated bodies, your application will be returned. Learn about using a representative.

General Application Information
Appoint a representative
  • Check box to indicate if you are appointing a representative to represent you with your application process. Complete sections A, B and D.
Cancel a representative
  • Check box to indicate if you are canceling a representative. Complete sections A, C and D; and
  • Check both boxes and complete all sections if you are cancelling a representative and appointing a new one at the same time.

Section A – Applicant Information
Question 1
Write your last name (surname or family name) and given name(s).
Question 2
Write your date of birth.
Question 3If you have already submitted your application, write:
  • the name of the office where the application was submitted; and
  • the type of application you have submitted.
Question 4
Write your IRCC’s Identification (ID) or Unique Client Identifier (UCI) number (if known). If you have not dealt with IRCC since 1973, you will not have a UCI or a Client ID.

Section B – Appointment of Representative
Question 5
Write your representative’s full name.
If your representative is a member of the Immigration Consultants of Canada Regulatory Council (ICCRC), a law society or the Chambre des notaires du Québec, print his or her name as it appears on the organization’s membership list.
Question 6
Check one box to indicate if your representative is uncompensated or compensated.
If your representative is compensated, write the membership ID number of:
  • the Immigration Consultants of Canada Regulatory Council (ICCRC); or
  • a Canadian provincial or territorial law society; or
  • the Chambre des notaires du Québec.
Question 7
Write your representative’s contact information.
If you are appointing a student-at-law to represent you, include their supervising lawyer’s information including their membership ID.
Note: By indicating your representative’s e-mail address, you are hereby authorizing IRCC to transmit your file and personal information to this specific e-mail address.

Question 8
To accept responsibility for conducting business on your behalf, your representative must:
  • sign the declaration; and
  • date the declaration.

Section C – Cancel the Appointment of a Representative
Question 9
Fill in this section if you wish to cancel the appointment of a representative. Write the representative’s full name.
Complete all sections of the form if you wish to both cancel a representative and appoint a new one.

Section D – Your Declaration
Question 10
By signing, you authorize IRCC to complete your request for yourself and your dependent children under 18 years of age.
For sponsorship application, your spouse or common-law partner does not have to complete a separate request. If your spouse or common-law partner is included in this request, he or she must sign in the box provided.

Release of information to other individuals
To authorize IRCC to release information from your case file to someone other than a representative, you will need to complete the form Authority to Release Personal Information to a Designated Individual (IMM 5475) (PDF, 593.57KB). The form is also available from Canadian embassies, high commissions and consulates abroad.
The person you designate under that form (IMM 5475) will be able to obtain information on your case file, such as the status of your application. However, they will not be able to conduct business on your behalf with IRCC.

Where to submit the form
Immigration and citizenship applicantsIf you have not yet submitted your immigration or citizenship application:
Send this form along with your application to the office listed in the guide of your application.
If you have already submitted your immigration or citizenship application:
You may use this Web form to upload the IMM 5476.
or;
If you know which IRCC office is processing your immigration or citizenship application, send the completed form to the office mailing address. Consult IRCC office mailing addresses.

Notify IRCC about any changes
You must let IRCC know if any information changes regarding the person you authorized to represent you on your application.
eTA applicantsIf you have not yet submitted your eTA application:
Send the Voluntary Renunciation of Permanent Resident Status form and supporting documents to the IRCC office closest to you. Consult IRCC office mailing addresses.
If you have already submitted your eTA application:
You will receive a letter from IRCC which includes the Voluntary Renunciation of Permanent Resident Status form. You will be asked to complete the form and submit it and your supporting documents online through a secure IRCC account. You will not be able to follow these steps unless you are asked to do so from IRCC. The letter will also include instructions about how to create a secure account.







Note



Step 3: Submit the Completed Forms in Person to IRCC



Sign the forms
The application can be signed and dated before it is submitted.
If you are:
  • 18 years of age or older, sign and date in the boxes provided,
  • less than 18 years of age, your form must be signed by one of your parents or legal guardians.



Print the application forms
Print all required forms:
  • Generic Application Form for Canada (IMM 0008), including the bar code page if you complete it electronically
  • Additional Dependants/Declaration (IMM 0008 DEP), if applicable
  • Schedule A – Background/Declaration (IMM 5669), for each family member aged 18 or older in Canada
  • Schedule 12 – Refugee Claimants Inside Canada (IMM 0008–Schedule 12 ), for each family member aged 18 or older in Canada
  • Basis of Claim Form, for each family member (including minors) in Canada
  • Document Checklist (IMM 5745)
  • Use of a Representative (IMM 5476), if applicable.



Where to Submit Your Completed Forms
Once you have completed all required forms and have gathered all relevant documents, take them in person to an IRCC office.
Applications sent by mail or electronic mail will not be accepted.
You must appear in person. Applications will not be accepted from any representative on your behalf.
If your forms are completed to the satisfaction of our staff, arrangements will be made for you to see an officer.
If required, we will arrange to have an interpreter present.



Step 4: Eligibility Interview
The Eligibility Interview
The purpose of the eligibility interview is to assess whether or not your refugee claim is eligible for referral to the Refugee Protection Division (RPD) of the Immigration and Refugee Board. The Refugee Protection Division may not consider a claim until it is referred by the officer.
At the interview, the officer is making a decision on eligibility. The officer will not be judging the merits of your claim for protection. However, if you fall into one of the ineligible criteria (listed above in the “Before You Apply” section of this Guide) your claim may be ineligible to be referred to the RPD.
The officer will go through your forms to ensure that everything is completed satisfactorily and may ask you a few questions for clarification purposes. You will also be fingerprinted so that security and criminality checks can be completed.
The officer will have three working days in which to decide whether your claim is eligible for referral.



What happens next
If the officer determines that your claim is eligible to be referred to the IRB, you will be given a package that includes:
  • an appointment to appear at the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) where you will make your case for refugee protection;
  • a Refugee Protection Claim Document (RPCD) confirming that your claim has been referred to the IRB;
  • Interim Federal Health coverage, which will cover you for health care for as long as you are a refugee claimant, unless your claim is suspended, or you become a rejected refugee claimant;

Note: We will provide you with an information sheet that details your coverage under the Interim Federal Health Program.
  • a Medical Report to take to a doctor for completion as part of your claim;
  • other immigration related documents and a list of conditions.


We will refer your claim to the Refugee Protection Division of the Immigration and Refugee Board.
You will be required to attend your hearing with the IRB at the date and time indicated.




Important information



Updating your contact information



During the application process, you must advise us of any change of address or telephone number. You can do this by going to Change my address or by consulting the “How to contact us” section at the end of this guide.

Note: Once your claim has been referred to the Immigration and Refugee Board (IRB), you must also advise the IRB of any change in contact information. Instructions on how to do this are included in the IRB’s “Claimant’s Guide”.




Protecting your information
Your personal information is:
  • available to IRCC and the Canada Border Services Agency (CBSA) employees who need to see it to provide the services to you, and
  • not disclosed to other organizations except as permitted under the provisions of the Privacy Act or the Citizenship Regulations.

For more information. For more information about the protection of your data, visit the Help Centre.






Online services
For more information about the programs offered by IRCC, visit Immigration and Citizenship.






Need help?
If you need help, you can find answers to your questions by visiting the Help Centre.






Appendix A
Photo Specifications

Notes to the applicant
TAKE THIS WITH YOU TO THE PHOTOGRAPHER


  • Immigration photos are not the same as passport photos.
  • Make sure that you provide the correct number of photos specified in the Checklist.



Notes to the photographer
The photos must:
  • show a full front view of the person’s head and shoulders showing full face centered in the middle of the photograph;
  • have a plain white background;
  • be identical (black and white or colour) produced from the same untouched negative, or exposed simultaneously by a split-image or multi-lens camera.
The photos must:
  • measure between 25 mm and 30 mm (1” and 1 1/5”) from chin to crown;
  • have a 35 mm x 45 mm (1 3/8” x 1 3/4”) finished size.





Appendix B – "X" in the sex field on an immigration document
In the future, we will be introducing an "X" in the sex field. Sign up for email updates on changing your sex to X (unspecified). Until this becomes available, you may request a supporting document, free of charge that will state that your sex is unspecified.
You can request the supporting document after you have submitted your completed application forms and received a Refugee Protection Claimant Document (RPCD).

Important:
If your identity documents have a sex other than male (M) or female (F):
  • On your application forms, identify the sex you would like displayed (M or F) until the X can be issued.
  • The sex chosen (M or F) on your application will be the sex printed on your document.



 楼主| 发表于 4/30/2018 16:12:23 | 显示全部楼层
本帖最后由 郭国汀 于 5/22/2018 00:57 编辑

Refugee Claimants Guide
Version 2 - 2013
ImportantInformation


·        Please note that the procedures for providingthe Basis of Claim form in Quebec have temporarily changed in light of therecent surge in claims in that province.  

Ready Tours for Refugee Claimants

TheImmigration and Refugee Board of Canada (IRB) collaborates with severalnon-governmental organizations (NGO) to help refugee claimants prepare fortheir upcoming hearings through Ready Tours.
These tours are free of charge and are heldin our Vancouver, Toronto and Montreal offices toinform refugee claimants about:
·        How to prepare fortheir upcoming hearing
·        What will take placeat the hearing
·        Who will participatein the hearing
·        Mandatory deadlines

For more information,please contact the NGO who is organizing the Ready Tours in your region.


Table of Contents About This Guide
·        Definitions
·        ClaimingRefugee Protection

·        At a port of entry
·        At an inland office

·        Basisof Claim Form and Paperwork

·        Counsel

·        Who can be counsel?
·        Preparingfor Your Hearing

·        YourHearing

·        Can I bring witnesses?
·        1. You will testify
·        2. Witnesses will testify
·        4. A decision will be made

·        If your claim is allowed
·        If your claim is rejected

·        Gettinghelp


AboutThis Guide
This guide is forpeople who are claiming refugee protection inCanada. It will give you basic information about:
·        how decisions are madeabout 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.

AnIntroduction to Refugee Protection in Canada
The IRB is anindependent tribunal responsible, through its Refugee Protection Division(RPD), for deciding refugee protection claims in Canada.
You can be givenrefugee protection in Canada if you meet the United Nations (UN) definition ofa Convention refugee, orif you are a person in need of protection.The UN defines Convention refugees as people who have a well-founded fear ofpersecution because of their race, religion, nationality, political opinion ormembership in a particular social group. Membership in a particular socialgroup can include, but is not limited to, sexual orientation, gender identity,domestic violence and HIV status. Persons in need of protection must show thatif they return to their home country, they will face a danger of torture, arisk to their life or a risk of cruel and unusual treatment or punishment.
This guide provides general information about therefugee protection process. It is not a legal document. For more precise legalinformation, please see the Immigration and Refugee ProtectionAct, the Immigration and Refugee ProtectionRegulations and the Refugee Protection Division Rules.
You can find all ofthese documents on the IRB web site.

Definitions
Abandoned claim: If you do not do everything necessary forthe refugee Protection Division(RPD)to make a decision about your claim, the RPD may decide that you do not want tocontinue with your claim. For example, this can happen if you do not provideyour Basis of Claim Form ontime, if you do not go to your hearing, or if you do not contact the RPD whenyou are asked to do so.
If the RPD declares yourclaim abandoned, you will not be allowed to continue with your claim or makeanother claim in the future.
Basis of Claim Form (BOC): The form in which you give information aboutyourself and about why you are claiming refugee protection inCanada.
Convention refugee: A person who meets the definition of «refugee » in the 1951 United Nations Convention Relating to the Statusof Refugees. You are a Convention refugee if:
·        you have left yourhome country (your country of nationality or, if you do not have one, thecountry where you usually lived in the past);
·        you have a wellfounded 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 homecountry.

Contact information: this is the information needed to be able tocontact you or your counsel. It includes your current full address and yourphone numbers where you can be reached. Your counsel's contact information mustalso include his or her fax numbers and email address.
Counsel: A person who represents you in the refugeeprotection process.
If your counsel ischarging you a fee or receiving other payment, they must be a member in goodstanding of a provincial law society (lawyers and paralegals, in a provincethat allows paralegals to be members of the law society), of the Chambre desnotaires du Québec, or of the Immigration Consultants of Canada RegulatoryCouncil
Counsel can also be afamily member, a friend or a volunteer who represents you without charging youa fee.
Designated country of origin (DCO): A country designated as a DCO by theMinister of on Citizenship and Immigration under IRPA. Refugee protectionclaims made by nationals of Designated Countries of Origin are scheduled to beheard earlier than other claims.
Designatedrepresentative (DR): A person who isresponsible for protecting the interests of a child less than 18 years old orof an adult who is unable to understand what the refugee protection process isabout. The designated representative is also responsible for explaining therefugee protection process to that person. In the case of children less than 18years old, the designated representative is usually the child's parent.However, another family member, a legal guardian, a friend or a worker from asocial services agency can also be the designated representative if they meetthe requirements.
Eligibility / eligibleto be referred: This is the firststep in the refugee protection claim process. An officer from the Canada BorderServices Agency (CBSA) or Citizenship and Immigration Canada (CIC) decideswhether your claim meets certain basic conditions. If it does, the officersends (« 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 ora person in need of protectionbecause 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 whoare guilty of acts that are contrary to the purposes and principles of theUnited Nations. It also includes people who do not need protection because theylive in a country where they have rights and obligations that are similar tothose of a citizen of that country.
Inland Office: Any office of Citizenship and ImmigrationCanada (CIC) or the Canada Border Services Agency (CBSA) inside Canada.
Legal aid: A service offered by some provincial orterritorial governments in Canada, in which the government may pay for certainlegal 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'sparticipation: When the Minister ofPublic Safety or the Minister of Citizenship and Immigration decides toparticipate in your claim and becomes a party in therefugee protection process. A representative from the Canada Border ServicesAgency (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 Ministerparticipates in your claim, the Minister.
Permanent resident: The right to live, work, study and remain inCanada under specific residency obligations.
Person in need ofprotection: A person in Canadawho 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 totheir 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-UnitedStates border crossing.
Refugee AppealDivision (RAD): The Division of theIRB 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 thedocuments provided by the parties and the RPD record.
Refugee protection: The protection given by Canada to a Convention refugee ora person in need of protection.
Refugee ProtectionDivision (RPD): The division of theImmigration and Refugee Board of Canada (IRB) that hears claims for refugee protection madein Canada and decides whether to accept them.
Withdrawing: If you decide not to continue with yourrefugee 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 otherdays on which the Board offices are closed.
ClaimingRefugee Protection How do I make a claim for refugee protection?
You can make a claim forrefugee protection by speaking to an officer at any port of entry whenyou arrive in Canada, or at an inland office.
The officer from theCanada Border Services Agency (CBSA) or Citizenship and Immigration Canada(CIC) will decide whether your claim is eligible to be referred tothe Immigration and Refugee Board (IRB). If your claim is eligible, it will besent ("referred") to the Refugee Protection Division (RPD) of the IRBto start the claim for refugee protection process.
At aport of entry
If you make your claimat a port of entry, you will be given a Basis of Claim Form (BOCForm) to complete as well as a Notice to Appear for a Hearing thattells you when and where your claim will be heard by the RPD. You must giveyour completed BOC Form to the RPD no later than 15 days after the date yourclaim was sent to the RPD. Claimants must also fill out other forms in the application package availableon the CIC website.
At aninland office
If you make your claimat an inland office, you must give yourcompleted BOC Form to theofficer who decides whether your claim is eligible. That officer will give youa Notice to Appear for a Hearing that tells you when and whereyour claim will be heard by the RPD. Claimants must also fill out other formsin the application package availableon the CIC website.
The next step will beyour hearing, where an RPD decision-maker called a member will decidewhether your claim should be accepted or not.
Whatare my responsibilities?Your general responsibilities are
·        You must giveinformation that is complete, true and correct in your BOC Form within 15 days.
·        You must provide thisBOC Form to the officer if you are claiming inland.
·        You must provide thisBOC Form to the RPD within 15 days of your claim being sent to the Board, ifyou made your claim at a port of entry.
·        You must make surethat the RPD receives all of the documents it asks you for, including your BOCForm, on time.
·        You have a right to berepresented by counsel at your own expense, but you are responsible forchoosing counsel who is available on the date fixed for your hearing.
·        You are responsiblefor obtaining and providing any documents that may support your protectionclaim. You must make arrangements now to get these supporting documents withoutdelay.
·        You must go to yourhearing.
·        You must read all ofthe documents the RPD sends you and make sure that the RPD receives an answerif one is asked for or is needed on time.

Yourcontact information and your counsel's contact information
·        You must give the RPDyour current address and phone number. If you did not give your address to theCBSA or CIC officer at your eligibility interview, you must give it to the RPDno later than 10 days after you receive your Notice to Appear for aHearing during the interview by the CIC or CBSA officer.
·        If you move, you mustgive your new address to the RPD, as well as to CIC or to CBSA, depending onwhich 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 RPDyour new counsel's contact information if you change counsel.

Ifyou wish to make changes related to your hearing
·        You must tell the RPDif you want to change the official language (English or French) you chose foryour hearing at least 10 days before the hearing.
·        You must tell the RPDif you want to change the language or dialect to be interpreted at your hearingat least 10 days before the hearing.
·        You may ask the RPD tochange the location of your hearing. You must ask at least 20 days before yourhearing. The RPD will only agree to change the location of the hearing incertain circumstances.
·        In deciding if theapplication to change the location of the hearing, the RPD will considerrelevant factors including


1.   whether you areresiding in the location where you want the hearing to be held:
2.   whether a change oflocation would allow the proceeding to be full and proper;
3.   whether a change oflocation would likely delay the proceeding;
4.   how the change of locationwould affect the Division's operation;
5.   how a change oflocation would affect the parties;
6.   whether a change oflocation is necessary to accommodate a vulnerable person; and
7.   whether a hearing maybe conducted by means of live telecommunication with the claimant.

·        You may ask the RPD tochange the date or time of your hearing. You must ask at least 3 working days beforethe hearing. The RPD will only agree to change the date or time of your hearingin exceptional circumstances.

Whichlanguage will the RPD use with me?
Canada has twoofficial languages: English and French. You can choose which official languageyou would like the RPD to use with you (for example, during your hearing and indocuments) in the "Language and Interpreter" section of your BOCForm.
If you do notunderstand English or French, the RPD will have an interpreter for you at yourhearing. You must write the language and dialect you want to use in the"Language and Interpreter" section of your BOC Form.
Whencan the RPD declare that my claim has been abandoned?
The RPD may declarethat your claim has been abandoned if you:
·        do not provide acompleted BOC Form on time ;
·        do not provide yourcurrent and correct contact information;
·        do not go to yourrefugee protection claim hearing; or
·        do not go to yourspecial hearing on the abandonment of your claim, if you are required to do so

If your claim isdeclared abandoned, it will not be heard. This also means that you will not beallowed to make another refugee protection claim in the future and you willmost likely be required to leave Canada.
Can Iwithdraw my refugee protection claim?
Before your hearing,if you decide that you do not want to continue with your claim, you must tellthe RPD in writing that you are withdrawing yourclaim.
Basisof Claim Form and Paper work What is a Basis of Claim Form (BOC Form)?
The purpose of the BOC Form is topresent your refugee protection claim to the RPD. In the BOC Form, you willgive details about yourself (your identity, family, documents and travelhistory) and about why you are claiming refugee protection in Canada. Thequestions in the form will help you include the most important parts of yourlife experience. It is important that you include all important factsand events and to tell the truth.
At your hearing, amember 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 itmakes a decision about your claim. Therefore, it is important for everything inyour BOC Form to be complete, true and correct.
You must sign and dateyour BOC Form. By signing your BOC Form, you are declaring that the informationin it is complete, true and correct.
Howlong do I have to complete my BOC Form?
It depends on whereyou made your claim.
Ifyou made your claim at a port of entry
If you made your claimat a port of entry, you must give an original and one copy of your completedBOC Form to the RPD no later than 15 days after the date CIC or the CBSA sentyour claim to the RPD to start the refugee protection process. You can bringyour BOC Form to the RPD yourself, or you can send it by courier. If you havefewer than 20 pages in total, you can also send the form by fax.
Do not send your BOCForm by regular mail. If you fax your BOCForm to the RPD, you will have to provide the original form at the beginning ofyour hearing.
Ifyou made your claim at an inland office
If you made your claimat an inland office, you must give your original completed BOC Form and onecopy 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.
Whatlanguage can I use to complete my BOC Form?
You must complete yourBOC Form in either English or French. If an interpreter helps you complete theform, the interpreter must also sign it. If no interpreter helps you, you mustsign a statement (which is part of your BOC Form) that means that you have readand that you understand the information on the BOC Form in the language(English or French) in which you completed it.
Dochildren need to complete a BOC Form?
All the members ofyour family who are claiming refugee protection must provide their own BOCForm. For children who are 6 years old or younger, you only need to completePart 1 of the BOC Form ("Who you are"). Children older than six andall children who do not have an adult with them must answer all of thequestions. If you complete the BOC Form for a child in your care who is lessthan 18 years old, you or the person named by the RPD as the child's designated representative mustsign the child's BOC Form.
Do Ineed a designated representative (DR)?
A designatedrepresentative (DR) is a person who is responsible for protecting the interestsof a child less than 18 years old or of an adult who is unable to understandwhat the refugee protection process is about. The designated representative isalso responsible for explaining the refugee protection process to that person.
In the case ofaccompanied children less than 18 years old, the designated representative isusually the child's parent. However, another family member, a legal guardian, afriend or a worker from a social services agency can also be the designatedrepresentative if they meet the requirements.
The decision todesignate a representative is made by the RPD as early as possible in theprocess. If your children are claiming refugee protection and the RPD suggeststhat you be their designated representative, you will receive the DesignatedRepresentative's Guide. This guide explains the role and theresponsibilities of a designated representative.
Whathappens if I do not give my completed BOC Form on time?
If you do not provideyour completed BOC Form on time, the RPD may declare that your claim has beenabandoned. This means that your claim will not be heard. Before declaring yourclaim abandoned, the RPD will hold a special hearing for abandonment no laterthan 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 timeand why the RPD should continue with your claim. So it is very important thatyou go to this special hearing.
The date for thisspecial hearing will already have been given to you. It appears in the "SpecialHearing date if the Basis of Claim Form is not received on time"section of the Notice to Appear for a Hearing that youreceived when your case was referred.
Whathappens if I do not give my contact information on time?
If you did not giveyour address in Canada to CIC or to the CBSA when your claim was sent to theRPD to begin the refugee protection process, you must give it to the RPD and toCIC or to the CBSA (whichever sent your claim to the RPD) no later than 10 daysafter the day you received your Notice to Appear for a Hearing. You must alsotell the RPD and also CIC or the CBSA immediately if you move. If you do notprovide your contact information to the RPD on time, the RPD may not be able tocontact you and may declare your claim abandoned.
Can Imake changes to my BOC Form?
Yes. If you find amistake on your BOC Form or realize that you forgot something important, orreceive additional information, you must tell the RPD. Make sure to underlinethe information you changed or added, sign and date the changed pages, and sendthe 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 BOCForm together with the changes and additions is complete, true and correct andthat you understand that the declaration has the same force as an oath. The RPDwill then forward a copy of those changed pages to CIC or the CBSA (whicheversent your claim to the RPD). The RPD must receive the new pages at least 10days before your hearing.
CounselDo I need counsel to represent me in my claim?
You may representyourself. You are not required to have a counsel to represent you. However, youmay decide that you want someone to help you present your case at your hearing. Ifthis is the case, you must ensure that the counsel you choose is available forthe date and time shown on your Notice to Appear for a Hearing.
You must alsoimmediately give your counsel's contact information in writing to the RPD andalso to CIC or to the CBSA (whichever sent your claim to the RPD). Contactinformation means address, phone number, fax number and email address, ifany. If you change counsel during your claim process, you must advisethe RPD by completing a new Counsel Contact Information form.
Whocan be counsel?
Your counsel may be:
·        a member in goodstanding of a provincial law society (lawyer or paralegal, in a province thatallows paralegals to be members of the law society)
·        a member in goodstanding of the Chambre des notaires du Québec; or
·        an immigrationconsultant who is a member in good standing of the Immigration Consultants ofCanada Regulatory Council.

Only a counsel asdescribed above can represent you at the RPD and charge you a fee. Ifyou 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 legalaid office in your province to find out what help, if any, is available. Pleaserefer to the list of provincial legal aid offices included in your Claimant'sKit.
Your counsel must givethe RPD the name of the organization they belong to, as well as theirmembership identification number and also complete the Counsel Contact Information formincluded in your Claimant's Kit. This form is also available on the IRBwebsite.
Your counsel can alsobe a family member, a friend or a volunteer who may represent you withoutcharging you a fee. In this case, you need to complete the Notice of Representation Withouta Fee or Other Consideration form included in your Claimant'sKit. This form is also available on the IRB website.
Whatif my counsel wants to represent me in the other official language?
If your counselprefers to represent you in the official language (English or French) otherthan the one you asked the RPD to use with you, your counsel has the right todo so. You must tell the RPD about this at least 10 days before the hearing.
Howdo I get my documents if my counsel is no longer representing me?
If you wererepresented by counsel for a portion of the claim process, but you decide thatyou are no longer going to be represented by that counsel, it is important toget all of the documents you need in order to be completely ready for yourhearing.
We encourage you tokeep a copy of the BOC form and all other documents, even if your counsel has acopy. If you did not keep a copy of those documents and were unable to get themfrom your former counsel, you may contact the RPD well before your hearing forcopies of those documents.
If you have newcounsel representing you, it is your responsibility to make sure thatyour 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, theRPD or the Minister (if the Minister is participating inyour hearing).
Finally, your newcounsel must be available on the scheduled hearing date.
Preparingfor Your Hearing
Your hearing is animportant moment in the refugee protection process because the hearing isusually when the RPD decides whether you are a Convention Refugee or a personin need of protection.
Howwill I know when my hearing will be held?
The RPD must hear yourcase within specific timelines. These timelines differ depending on whether youare from a designated country of origin (DCO)and where you made your claim for refugee protection (at a port of entry or atinland office).
Timelinesfor RPD hearings from when your claim is referred to the RPD
If you are from a DCO and you made your claim at an inlandoffice:
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 ofentry:
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 CBSAofficer who sends your claim to the RPD to start the claim for refugeeprotection process will set a date and time for your hearing. The officer willgive you a Notice to Appear for a Hearing, which will tell you whenand where to go. This notice will also tell you the time when your hearing willstart and the time you must show up. Please make sure that you followthe instructions you get with the Notice to Appear and thatyou tell the RPD if your address or telephone number changes.
Whathappens if I am not available and/or my counsel is not available on the hearingdate?
When a hearing datehas been set, you and your counsel (if you have one) must be ready for thehearing on that date. However, in some cases, you can apply to the RPD tochange the date and time of your hearing.
If you apply to changethe date and time and do not receive an answer or if your application to changethe date and time is refused, then you must go to your hearing on the date andtime set by the officer.
If you have been toldthat CIC or the CBSA will be participating in your hearing, you must give acopy of your application to change the date and time to the CIC or CBSArepresentative.
When you give youroriginal application to the RPD, you also need to include a written statementon how and when you gave a copy of your application to CIC or the CBSA.
a) Ifyour counsel is not available on the hearing date
You can apply tochange the date or time of your hearing if:
·        you either did nothave counsel or did not know when your counsel would be available when the CIC orCBSA officer set the date and time for your hearing; and
·        in the case where youdid not have counsel, you choose your counsel no later than five working daysafter the day when the officer set your hearing date.

You must apply inwriting immediately. The RPD must receive your application no later than fiveworking 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 (30days, 45 days or 60 days after your claim was sent to the RPD).
If your applicationmeets these criteria and if it is possible to do so operationally, the RPD willallow 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 ahearing to accommodate counsel who is unavailable on the date fixed for yourhearing.
b) Ifyou are not available on the hearing date
You can apply tochange the date or time of your hearing only if you have a very good reason whyyou cannot be there on the date set by the officer. You must apply in writingimmediately. The RPD must receive your application at least three working daysbefore the date set for your hearing. If your hearing date is less than threeworking 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. Youmust also give at least three new dates and times when you will be availablefor your hearing. These three new dates must be no later than ten working daysafter the hearing date set by the officer.
If the reason you wantto change your hearing date is medical, you must attach a medical certificateto your application. This certificate must:
·        be recently dated;
·        be signed by aqualified medical practitioner;
·        have the name andaddress of the medical practitioner printed or stamped on it;
·        give the details ofyour medical condition, but not the diagnosis;
·        give the date when youwill be able to go to your hearing.

If you cannot providea medical certificate, you must include in your application
1.   particulars of anyefforts you have made to obtain the required medical certificate, supported bycorroborating evidence;
2.   particulars of themedical reasons for the application, supported by corroborating evidence; and
3.   an explanation of howyour medical condition prevents you from attending the fixed initial hearing.

The RPD expectsclaimants to be ready to proceed on the date fixed for their hearing. The RPDwill only agree to change the date or time of your hearing if there areexceptional circumstances. Forexample, it may agree if you are a vulnerable person who needs accommodation;if there has been an emergency or if something happened outside your controland you did everything you could to continue with your claim.
Only the RPD canchange the date and time of your hearing. Unless the RPD tells you to dosomething else, you must go to your hearing on the date and time shown onyour Notice to Appear.

Can I change the official language I asked the RPD to use with me aftersubmitting my BOC Form?
If you want to changethe official language (English or French) you asked the RPD to use with you inyour BOC Form, you need to tell the RPD in writing as soon as possible and atleast 10 days before your hearing.
Whatwill happen if I change the official language I asked the RPD to use with me?
If you change theofficial language (English or French) you asked the RPD to use with you, thedocuments that are already part of your file will stay in the official languagethey were provided in. Documents the RPD sends you after you change thelanguage, such as your final decision, will be in the new official language.
Can Ichange the language to be interpreted at my hearing after submitting my BOCForm?
If you want to changethe language or dialect of interpretation that you chose in your BOC Form, youmust tell the RPD in writing at least 10 days before your hearing and includethe new language and dialect you want to have interpreted.
Do Ihave to give the RPD any documents?
You must give the RPDdocuments that support your claim. Therefore, you should begingathering evidence to support your claim as soon as possible.
You must show the RPDevidence of who you are by giving the RPD official documents with your name anddate of birth on them ("identity documents"). For example, you cangive a passport, national identity card, birth certificate, school certificate,driver's licence, military document, and professional or religious membershipcard.
Along with identitydocuments, you can submit other documents that you feel are relevant to yourclaim, including proof of membership in political organizations, medical orpsychological reports, police documents, business records, news clippings,visas, and travel documents (airplane, train or bus tickets).
If you do not provideidentity documents or other documents in support of your claim, you will haveto explain at your hearing why you do not have them and show that you dideverything to try to get them.
The documents youprovide must be typed in at least 12-point font or be photocopies of originaldocuments. All documents should be printed on 8½ in. by 11 in. (21.5 cm by 28cm) paper, and all photocopies must be clear and easy to read. Make a list ofall the documents you are attaching. The pages of your documents must benumbered consecutively (i.e. 1, 2, 3, 4…), as if they were one document.
Whendoes the RPD need to receive my documents?
You must attach copiesof 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 arein a language other than English or French.
If you get more documentsthat support your claim after you provided your BOC Form, you must immediatelygive two copies to the RPD. Copies of these additional documents must bereceived by the RPD at least 10 days before your hearing. It is best for you tosend your documents to the RPD as soon as you get them.
You can provide yourdocuments in person, by mail or by courier. If you have fewer than 20 pages intotal, you can also provide them by fax.
Do mydocuments need to be translated?
If your documents arenot in English or French, you must have them translated into the officiallanguage (English or French) that you chose for your hearing. You must providethe translations and a translator's declaration to the RPD with the copies ofthe documents. The translator's declaration must include:
·        the translator's name;
·        the language anddialect, if any, translated;
·        a statement that thetranslation is accurate; and
·        the signature of thetranslator.

Whatother documents will the RPD use to decide whether to accept my claim?
The IRB produces aNational Documentation Package (NDP) for every country. The NDP is acompilation of publicly available documents that report on country conditionssuch as political, social, cultural, economic, and human rights conditions.Each NDP provides full citations to help you locate the documents that are notavailable on the IRB website.
In addition, wherepossible, links are provided to the documents available on the website of theorganization that published the document.
It is yourresponsibility to go to the IRB website to review the documents in the NDP foryour home country as the RPD may consider them when deciding your claim. Alternatively, a paper copy of the NDPmay be viewed at any IRB regional office.
It is also yourresponsibility to check the IRB website for the newest version of the NDP foryour home country prior to your hearing.
A link to the NDPs isavailable on the homepage of the [IRB web site.
The RPD may decide touse other documents as well, for example, reports produced by the IRB ResearchDirectorate, media articles or reports from human rights organizations. Copiesof any additional documents which the RPD finds useful will be sent to youbefore your hearing.
Whatdo I need to show in order for my claim to be accepted?
You must show that youare a Convention refugee or a person in need of protection.
·        You are considered a Convention refugee ifyou have a well-founded fear of persecution in your home country (your countryof nationality or, if you do not have one, the country where you usually livedin the past) based on your race, religion, nationality, membership in aparticular social group or political opinion.
·        You are considered a person in need of protection ifyou would be subjected personally to a danger of torture, to a risk to yourlife or to a risk of cruel and unusual treatment or punishment if you werereturned to your home country.

Some people are excluded from refugee protection,which means that they cannot be considered Convention refugees or persons inneed of protection. Excluded people include people who have committed aserious, non-political crime outside Canada, a crime against peace, a warcrime, or a crime against humanity.
It also includespeople who are guilty of acts that are contrary to the purposes and principlesof the United Nations, or who lived in a country where they have rights andobligations that are similar to those of a citizen of that country.
YourHearing
Hearings are usually ahalf day long and take place in private in order to protect you and yourfamily, 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 concernsand the RPD may take whatever measures are necessary to ensure theconfidentiality of the hearing.
If the RPD membercannot be in the same city as you, your hearing may take place byvideoconference. This allows you to see and talk to the member through atelevision.
Whowill make a decision about my claim?
At your hearing, youwill normally present your claim to one RPD member. RPD members have receivedspecial training on refugee protection.
Willan interpreter be provided for me?
The RPD will provide aninterpreter at your hearing at no cost to you. If you need an interpreter, youmust write the language and dialect you want to use in the "Language andInterpreter" section of your BOC Form. The interpretation will be providedbetween 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 keepyour personal information confidential. If at any time during the hearing youhave trouble understanding the interpreter, tell the member immediately.
Do mychildren need to come to the hearing?
If your children arealso claiming refugee protection, they must come to the hearing. Usually, youngchildren only need to be at the beginning of the hearing, in order to showevidence of who they are and to make sure they are properly represented bytheir parents, their legal guardian or another designated representative. Afterthis, they may be allowed to leave the hearing. Please bring someone you trustwith 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 orquestions about your child participating in the hearing, contact the RPD beforeyour hearing or raise your concerns with the member at the hearing.
Can Ibring witnesses?
You may bringwitnesses to your hearing if you think this will help your claim. A witness isa person who knows about your claim and can provide information that will helpthe member make a decision. Witnesses must be ready to answer questions aboutthe information they provide at your hearing (this is called testifying orgiving testimony).
At least 10 daysbefore your hearing, you must give theRPD the following information about each witness, in writing:
·        their contactinformation (address, telephone number and fax number);
·        a short statement onthe purpose of their testimony and what it will be about;
·        how long theirtestimony will take;
·        your relationship tothe witness;
·        whether you want themto testify in person, by videoconference or by telephone; and
·        whether they need aninterpreter, and if so, the language and dialect they will use.

If the witness is anexpert, you must also give information about their qualifications and include areport that is signed by the witness and summarizes their testimony.
If you have been toldthat CIC or the CBSA will be participating in your hearing, you must give awritten copy of the information above to the CIC or CBSA representative. Youalso need to give the RPD a written statement on how and when you sent thewitness information to CIC or the CBSA.
It is yourresponsibility to make sure your witnesses come to your hearing.
Whatwill happen at my hearing?
1.   Youwill testify
Before you testify, you must make a solemnaffirmation, which is a promise to tell the truth. You will then be askedquestions first by the member, and then by your counsel. If CIC or the CBSA isparticipating in your hearing, the Minister's counsel will ask you questionsbefore your own counsel does. If you do not have counsel, the member may askyou more questions and give you an opportunity to tell the member what youthink is important.
If the CBSA is participating in your hearingbecause the Minister is claiming that you should be excluded from refugeeprotection, the Minister's counsel will ask you questions, followed by themember and then your counsel, if you have one.
2.   Witnesseswill testify
If you bring any witnesses, they will testifyafter you have testified. Any witnesses you bring to your hearing will be askedto stay in the waiting room and will not join the hearing until after you havetestified. The witnesses will then be asked to come in to answer questions oneby 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 evidenceshows that you are a Convention refugee or a person in need of protection. IfCIC or the CBSA is participating, the member will give the Minister's counselan opportunity to comment on your case as well.
4.   Adecision will be made
The RPD member will decide whether you are aConvention refugee or a person in need of protection. The member will tell youthe 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 decisionlater by mail.


Whathappens after the decision? If your claim is accepted
If your claim isallowed, the RPD will send you a written Notice of Decision TheRPD will also send you an explanation of the reasons why your claim wasaccepted.
CIC and CBSA willreceive copies of the decision as they may wish to appeal a positive decisionto the Refugee Appeal Division (RAD) or seek leave and judicial review at theFederal Court.
Unless the RPD'sdecision is appealed to and overturned by the RAD or is reviewed and overturnedby the Federal Court, you may be eligible to apply to CIC for permanent residence. Formore information, please refer to CIC web site.
Ifyour claim is rejected
If your claim isrejected, the RPD will send you a written Notice of Decision andan explanation of the reasons why your claim was rejected.
The Notice ofDecision will tell you whether you can appeal the decision to theRefugee Appeal Division or file an application for leave and for judicialreview with the Federal Court.
Most claimants canappeal to the RAD. However you cannot appeal to the RAD in the following cases:
·        you are a designatedforeign national;
·        your refugeeprotection claim was withdrawn or abandoned;
·        the RPD's decisionsays that your claim has no credible basis or is manifestly unfounded;
·        you made your claim ata land border with the United States and the claim was sent to the RPD as anexception to the Safe Third Country Agreement;
·        the Minister appliedto cease (stop) your refugee protection, and the RPD's decision allows thatapplication;
·        the Minister appliedto vacate (cancel) the decision to allow your refugee protection claim, and theRPD's decision allows that application;
·        your claim was sent tothe IRB before the time stipulated in the amendments to the Immigrationand Refugee Protection Act concerning appeal rights.
 楼主| 发表于 5/5/2018 11:12:31 | 显示全部楼层
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.
 楼主| 发表于 5/5/2018 11:15:45 | 显示全部楼层
Person in need of protection
A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:
  • a danger of torture;
  • a risk to their life; or
  • a risk of cruel and unusual treatment or punishment.

 楼主| 发表于 5/11/2018 13:09:06 | 显示全部楼层
Claim refugee protection from inside Canada
Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include:
  • torture
  • a risk to their life, or
  • a risk of cruel and unusual treatment or punishment.
If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.

 楼主| 发表于 5/11/2018 14:42:31 | 显示全部楼层
Find out if you’re eligible – Refugee status from inside Canada
Canada offers refugee protection to people in Canada who fear persecution and who are unwilling or unable to return to their home country.

Eligibility
Some people are not eligible to claim refugee protection in Canada.
Note – if you are under a removal order, you cannot make a refugee claim.
Officers who review your refugee claim will decide if it will be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent board that decides immigration and refugee matters.
The IRB decides who is a Convention refugee or a person in need of protection.
Convention refugees are outside their home country or the country they normally live in. They are not able to return because of a well-founded fear of persecution based on:
  • race
  • religion
  • political opinion
  • nationality, or
  • membership in a social group, such as women or people of a particular sexual orientation.
A person in need of protection is a person in Canada who cannot return to their home country safely. This is because if they return, they would be subject to a:
  • danger of torture
  • risk to their life, or
  • risk of cruel and unusual treatment or punishment.
Your refugee claim may not be eligible to be referred to the IRB if you:
  • have been recognized as a Convention refugee by another country that you can return to.
  • have already been granted protected person status in Canada.
  • arrived via the Canada-United States border.
  • are not admissible to Canada on security grounds, or because of criminal activity or human rights violations.
  • made a previous refugee claim that was not found eligible.
  • made a previous refugee claim that was rejected by the IRB.
  • abandoned or withdrew a previous refugee claim.
The IRB website has more about making an asylum claim in Canada.

Safe Third Country Agreement
Canada has an agreement with the United States where people who want to make a refugee claim must do so in the first safe country they arrive in.
This means that if you enter Canada at a land border from the United States, you cannot make a refugee claim in Canada. In some cases this rule does not apply (for example, if you have family in Canada).

Features


 楼主| 发表于 5/11/2018 15:02:15 | 显示全部楼层
Find out what to do after you apply – Refugee status from inside Canada
Note: You will be able to have your sex marked as X (unspecified) on your documents. Until then, once you are in Canada, you can apply for a supporting document that says your sex should be X. Find out more.





After your Immigration and Refugee Board of Canada (IRB) Hearing:
If the IRB accepts your claim, you will get “protected person” status. This means you can stay in Canada and you can apply to become a permanent resident of Canada.
If the IRB rejects your claim, you have to leave Canada. If the law allows, you may ask for the decision to be reviewed.
Refugee claims in Canada—Options for refused applicants
On 23 July 2015, the Federal Court rendered a decision impacting the right to appeal to the Refugee Appeal Division of the Immigration and Refugee Board (IRB) of Canada. Please check the IRB website for more information.


If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you.
Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes.
Find out if you can use any of these options to stay in Canada:
Pre-removal risk assessment
If you are told to leave Canada, you may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence.
Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada
If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD.
Apply to the Federal Court of Canada for judicial review
You can have a lawyer ask the Federal Court of Canada to review the decision made on your case.
Humanitarian and compassionate grounds
In some exceptional circumstances, people are allowed to become permanent residents under these grounds.

Features





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