How long does a refugee claim take in Canada?
The Refugee Protection Division (RPD) aims to schedule hearings within 45-90 days of referral for most claimants. Decisions are typically issued within 30-90 days after the hearing. Total timelines from claim to decision average 12-24 months in practice due to backlogs.
Can I work while my refugee claim is processed?
Yes. Once your claim is referred to the IRB, you can apply for a work permit. You are also eligible for a Social Insurance Number and Interim Federal Health Program (IFHP) healthcare coverage while awaiting your decision.
What happens if my refugee claim is rejected?
You may appeal to the Refugee Appeal Division (RAD) within 15 days of receiving written reasons. If the RAD also denies the claim, you can seek Federal Court judicial review, apply for a Pre-Removal Risk Assessment (PRRA), or apply on Humanitarian and Compassionate (H&C) grounds.
What is the difference between a refugee claimant and a Convention refugee?
A refugee claimant has filed for protection but not yet received a decision. A Convention refugee is someone the IRB has determined to need protection under the 1951 Refugee Convention or IRPA. Accepted claimants can then apply for permanent residence.
Do I need a lawyer for my refugee hearing?
While not legally required, legal representation significantly improves success rates. Legal Aid is available in most provinces for qualifying refugee claimants. Organizations like the Canadian Council for Refugees and local refugee legal clinics can also provide free or low-cost assistance.