A Brief Introduction to Canadian Refugee Law

• Author: Jamie Chai Yun Liew; Donald Galloway
• Pages: 223-226

223

CHA PTER 7

A BRIEF

INTRODUCTION

TO CANADIAN

REFUGEE L AW

A. R EFUGEE PROTE CTION

Canadian law permits foreign nationals to acquire permanent resident

status by f‌irst est ablishing that they are in need of protection as a result

of conditions in their country or countr ies of nationality. In general

terms, where the foreign national i s outside Canada, the individual may

apply through a visa off‌ice for a permanent resident visa. The person’s

need for protection will be examined, and he will also be assessed on

other criteria. Where the v isa is granted, t he individual will be e xam-

ined on arrival in Canada and at that moment will acquire permanent

status. Where a foreign national ha s made her own way to Canada, she

may seek protection on arrival or, if she has been g ranted temporary

status, she may do so at a later time. It wil l be determined whether such

individuals are el igible to make a claim before the Refugee Protection

Division (RPD) of the Immigration and Refugee Board (IRB). If they

are eligible and they make a successful claim, they then h ave the op-

portunity to make a n application for permanent resident status from

within Can ada. If they are found ineligible to make a clai m or if their

claim is unsucce ssful, they may apply to the mini ster of Citizenship

and Immigration for an assessment of their need for protection prior to

any measures ta ken to remove them from Canada. Some individuals,

whose applications are successful, m ay be granted temporary status

that would prevent removal from Canada, or they may be found to be

protected persons and may subsequently apply for permanent resident

status.