Canada has a legal framework designed to provide protection to people who cannot safely return to their home countries because of persecution, serious harm, or other circumstances recognized under Canadian refugee law. Understanding the Rights of Refugees in Canadian Law is important for refugee claimants, protected persons, and their families.
Canadian refugee law provides more than protection from removal in qualifying cases. Depending on their immigration status and circumstances, refugees and refugee claimants may have access to employment, education, health-care coverage, legal representation, procedural protections, and other services.
However, the rights available to a person can differ depending on whether they are a refugee claimant waiting for a decision, a person whose claim has been accepted and who has become a protected person, or a refugee who was resettled to Canada from outside the country.
What Are the Rights of Refugees in Canadian Law?
The Rights of Refugees in Canadian Law come from several sources, including Canada’s immigration and refugee legislation, the Canadian Charter of Rights and Freedoms, and administrative procedures followed by Canadian immigration authorities and tribunals.
Canada’s official guidance states that the Canadian Charter protects all people in Canada, including refugee claimants.
At the same time, having rights in Canada does not mean that every refugee claim will automatically be accepted. A person seeking asylum must establish that they meet the legal requirements for refugee protection.
Who Can Claim Refugee Protection in Canada?
A person may be able to make a refugee protection claim from within Canada if they can establish that they meet the applicable legal definition of a Convention refugee or a person in need of protection.
Canada also accepts refugee claims at certain ports of entry, subject to the applicable eligibility rules.
The refugee protection system is intended for people who genuinely require protection. It is not intended to be used simply as an alternative immigration pathway.
Right to a Fair Refugee Determination Process
One of the important Rights of Refugees in Canadian Law is the opportunity to have a refugee claim considered through the applicable legal process.
Refugee claims made in Canada are generally considered by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).
The decision-maker considers the evidence and information provided by the claimant and determines whether the requirements for refugee protection have been met.
The claimant has an opportunity to explain their circumstances and provide evidence supporting their claim.
Right to Legal Representation
A refugee claimant may choose to have legal representation during the refugee process.
A lawyer or other authorized representative can help a claimant understand the applicable procedures, prepare documents, organize evidence, and present their case.
Representation is not mandatory in every proceeding. However, refugee cases can involve complicated legal and evidentiary issues, and professional advice may help a claimant understand the process and their responsibilities.
At the IRB, paid representatives must meet the applicable authorization requirements.
Right to an Interpreter
Language should not prevent a refugee claimant from presenting their case.
If a claimant does not speak enough English or French to participate effectively in their refugee hearing, the IRB can provide an interpreter.
The IRB explains that interpreters are neutral and are responsible for interpreting as accurately as possible. Claimants who have difficulty understanding an interpreter should tell the decision-maker.
This is an important procedural protection because the claimant needs to understand questions and communicate their evidence accurately.
Right to Present Evidence
Refugee claimants have the opportunity to provide evidence supporting their claim.
Evidence can be particularly important when explaining why returning to the home country may create a risk of persecution or serious harm.
Depending on the circumstances, evidence may include:
- Identity documents
- Police or government records
- Medical documents
- Threatening messages
- Photographs
- News reports
- Witness evidence
- Evidence relating to family circumstances
- Documentation concerning political, religious, social, or other relevant circumstances
- Other information relevant to the claim
Claimants should ensure that their evidence is truthful and accurate. Providing false information can have serious immigration consequences.
Right to Work While Waiting for a Refugee Decision
Eligible refugee claimants may be able to obtain a work permit while waiting for a decision on their claim.
IRCC explains that a claimant who has submitted a refugee claim but did not apply for a work permit at the same time may be able to submit a separate application.
There is no fee for the work permit in the circumstances covered by IRCC’s refugee claimant guidance.
Work authorization is subject to the applicable requirements, so claimants should confirm their eligibility before starting employment.
Right to Education
Refugee claimants may also have options for education while waiting for a decision.
For example, an eligible claimant may apply for a study permit after obtaining an acceptance letter from a designated learning institution.
Minor children have additional protections. IRCC states that minor children do not need a study permit to attend kindergarten, elementary, or secondary school while waiting for a refugee decision. Their refugee claimant documentation can be used for school registration.
Access to Health-Care Coverage
Health-care access is another important part of the Rights of Refugees in Canadian Law.
The Interim Federal Health Program (IFHP) may provide temporary health-care coverage to eligible refugee claimants, protected persons, resettled refugees, and certain other groups.
Eligibility and coverage depend on immigration status and the applicable program rules.
Refugee claimants should understand what health-care services are covered and ensure that they have the appropriate documentation when accessing services.
Right to Procedural Fairness
Refugee proceedings must follow applicable legal and procedural requirements.
Claimants should receive information about their process, understand important deadlines, and have an opportunity to respond to relevant issues.
Hearings before the IRB are designed to provide claimants with an opportunity to present their evidence and arguments to an impartial decision-maker.
Claimants also have responsibilities. They must provide truthful information, meet deadlines, attend required proceedings, and follow the instructions provided by the IRB and immigration authorities.
What Happens If a Refugee Claim Is Refused?
A negative decision does not necessarily mean that every possible legal option has ended.
Depending on the circumstances and the type of decision, a claimant may have access to an appeal or judicial review process.
For example, the Refugee Appeal Division (RAD) reviews certain decisions made by the Refugee Protection Division.
However, not every RPD decision can be appealed to the RAD. Canadian law provides specific circumstances in which a person may not have access to the RAD.
Because appeal deadlines can be strict, a person who receives a negative refugee decision should obtain legal advice promptly and review the decision carefully.
Rights of Protected Persons in Canada
A person whose refugee claim has been accepted may become a protected person in Canada.
Protected persons have immigration rights that differ from those of people whose refugee claims are still being processed.
For example, a protected person may be eligible to apply for permanent residence in Canada, subject to the applicable requirements.
The person should also understand the consequences of travelling to their country of alleged persecution. Returning to the country from which protection was sought can raise serious legal issues and, in certain circumstances, may affect protected-person status.
Can Refugees Apply for Permanent Residence?
A person recognized as a protected person may have a pathway to permanent residence under Canada’s immigration system.
The process is separate from the initial refugee determination and involves additional eligibility and admissibility requirements.
Applicants should ensure that they understand the applicable process before submitting their permanent residence application.
Rights of Refugee Families
Refugee protection can also involve family members.
Depending on the circumstances, family members may be included in a refugee claim or may have separate immigration processes available to them.
Family reunification options can also become relevant after a person receives protected-person status.
Because family circumstances vary considerably, applicants should review their situation carefully before making immigration decisions.
Important Responsibilities of Refugee Claimants
Understanding the Rights of Refugees in Canadian Law is only one part of the process. Claimants also have important responsibilities.
They should:
- Provide truthful information
- Submit accurate documents
- Keep their contact information updated
- Attend scheduled appointments and hearings
- Meet application and appeal deadlines
- Follow IRB instructions
- Respond to requests for information
- Inform authorities about relevant changes in circumstances
- Avoid submitting fraudulent documents or information
Failure to comply with these responsibilities can negatively affect a refugee claim or immigration status.
Can Refugees Travel Outside Canada?
Travel during the refugee process can create significant immigration issues.
A refugee claimant should understand the potential consequences before leaving Canada, particularly if their claim is still pending.
Similarly, a protected person should obtain appropriate legal advice before travelling to their country of nationality or the country from which they sought protection.
Travel documents and immigration status requirements should be reviewed before making international travel plans.
Why Understanding Your Refugee Rights Matters
The Canadian refugee system involves several stages, strict procedures, and important legal deadlines.
Understanding your rights can help you:
- Prepare your claim properly
- Participate effectively in your hearing
- Understand available work and education options
- Access applicable health-care services
- Respond to immigration requests
- Understand appeal options
- Avoid procedural mistakes
- Protect your immigration status
Because every refugee case has different facts, general information should not be treated as legal advice for a particular situation.
Frequently Asked Questions
What are the main Rights of Refugees in Canadian Law?
Depending on their status and circumstances, refugee claimants and protected persons may have rights relating to fair procedures, legal representation, interpretation, employment, education, health-care coverage, and access to applicable immigration processes.
Can refugee claimants work in Canada?
Eligible refugee claimants may be able to obtain a work permit while waiting for a decision. IRCC provides specific requirements for obtaining work authorization.
Can refugee claimants study in Canada?
Yes, eligible refugee claimants may apply for a study permit if they meet the applicable requirements, including obtaining an acceptance letter from a designated learning institution.
Do refugee claimants get health care in Canada?
Eligible refugee claimants may receive coverage through the Interim Federal Health Program. The scope of coverage depends on the person’s status and applicable program rules.
Can a refugee claimant have a lawyer?
Yes. A claimant can choose to have legal representation, although representation is not mandatory in every proceeding.
Is an interpreter available at a refugee hearing?
If a claimant does not speak enough English or French for the hearing, the IRB can provide an interpreter.
Can I appeal a refused refugee claim?
In certain circumstances, a negative RPD decision may be appealed to the Refugee Appeal Division. However, there are exceptions, so eligibility for an appeal must be assessed based on the specific case.
Conclusion
The Rights of Refugees in Canadian Law are an important part of Canada’s refugee protection system. Eligible claimants may have access to procedural protections, interpretation, legal representation, work authorization, education options, and health-care coverage while their claims are being processed.
At the same time, refugee claimants have important responsibilities, including providing truthful information, meeting deadlines, attending required proceedings, and following IRB and IRCC requirements.
If you are making a refugee claim, have received a negative decision, or have questions about your rights as a protected person, obtaining advice based on your individual circumstances can help you understand the legal options available to you.