DIS

Refugee Claim Refusal in Canada 

Refugee claim refusal in Canada can be can be an overwhelming experience and may have serious consequences for your future immigration prospects. Making a refugee claim in Canada is a serious process. The Immigration and Refugee Board of Canada (IRB) carefully reviews each case. While many people are approved, some refugee claims are refused. If your claim is rejected, it’s important to understand the reasons, what happens next, and what options are available to you.

Understanding Refugee Status in Canada

Who Qualifies as a Refugee?

Canada protects people who face danger in their home country. You may be recognized as a refugee if:

  • You fear persecution due to race, religion, nationality, political opinion, or group membership.

  • You face torture, risk to life, or cruel treatment if returned to your country.

Refugee claims are assessed by the Refugee Protection Division (RPD) of the IRB.

Claim Process Overview

When you make a refugee claim, you present evidence and attend a hearing. The RPD decides if you qualify for protection. If successful, you may apply for permanent residence. If refused, you may need to leave Canada or explore appeal options.

Common Reasons for Refugee Claim Refusals

Refugee claim rejections happen for various reasons. These decisions are usually based on the information and credibility presented.

Inconsistent Testimony

The RPD may refuse your claim if your story changes during the process. Inconsistent facts raise doubts about your credibility. For example, if your written claim and oral hearing differ, the RPD may see this as a red flag.

Lack of Evidence

You must show proof of danger in your country. Without supporting documents, the IRB may not find your fear credible. Evidence can include police reports, hospital records, news articles, or human rights reports. If this evidence is missing or weak, your claim may be denied.

Internal Flight Alternative (IFA)

The IRB may refuse your claim if it believes you could safely live in another part of your country. This is known as an Internal Flight Alternative. If the IRB thinks there is a safe region in your home country, they may deny protection.

Changed Country Conditions

If the situation in your country has improved, the IRB may not see a risk in returning. For example, if a conflict has ended or new laws protect minorities, your claim may be rejected.

Exclusion Grounds

Some people are not eligible for refugee protection due to past actions. This includes individuals who:

  • Committed serious crimes

  • Violated human rights

  • Already received protection in another country

These exclusion grounds automatically disqualify a person from claiming refugee status.

What Happens After a Refugee Claim is Refused?

Written Decision and Removal Order

If your claim is refused, you will receive a written decision from the RPD. In most cases, a removal order is issued. This order means you must leave Canada by a specific date. Failing to do so can affect future immigration applications.

Impact on Future Applications

A refusal may affect other immigration options. You may be considered inadmissible depending on the reasons for your refusal. This can make it harder to visit or immigrate to Canada in the future.

Ineligible for Another Refugee Claim

Once your claim is refused, you cannot submit another refugee claim unless you become eligible again under exceptional circumstances. In most cases, you can’t make a second claim simply because you disagree with the outcome.

Options After a Refugee Claim Refusal

Appeal to the Refugee Appeal Division (RAD)

If you are eligible, you can appeal the decision to the Refugee Appeal Division. The RAD reviews the RPD’s decision. You must file your appeal within 15 days of receiving your refusal and submit your appeal documents within 30 days.

Not everyone is eligible for a RAD appeal. You cannot appeal if:

  • Your claim was found ineligible

  • You came from a Designated Country of Origin

  • You withdrew or abandoned your claim

Judicial Review at the Federal Court

If you are not eligible for a RAD appeal, you may apply for a judicial review at the Federal Court of Canada. You must apply within 15 days of the refusal. The court does not hold a new hearing but reviews the RPD’s decision for legal errors.

A judge may allow or dismiss your application. If allowed, your case may go back to the IRB for a new hearing.

Pre-Removal Risk Assessment (PRRA)

If you are facing removal, you may be eligible for a Pre-Removal Risk Assessment. This is a final chance to show that returning home would put you at risk. Not everyone qualifies. If you have already had a refugee claim rejected, you may need to wait 12 months before applying for PRRA.

However, if new evidence shows you face danger, you may still be allowed to apply.

Humanitarian and Compassionate (H&C) Application

Another option is to apply for permanent residence on humanitarian and compassionate grounds. You must show that removal would cause unusual hardship. This application considers:

  • Your time in Canada

  • Family ties

  • Medical needs

  • The best interests of any children involved

Submitting an H&C application does not stop a removal order, unless a stay is granted. You must act quickly and may need legal support.

Consequences of Refugee Claim Refusal

Deportation and Removal from Canada

After a refusal, most claimants must leave Canada within 30 days. Canada Border Services Agency (CBSA) may enforce removal if you do not leave voluntarily. Being removed from Canada can result in a one-year or longer ban from re-entry.

Inadmissibility and Future Visa Refusals

A denied refugee claim can make future applications more difficult. You may be seen as a risk to overstay or make another claim. It’s important to fully disclose your immigration history when applying again.

Impact on Family Sponsorship

If you sponsor a family member while your refugee case is under review or refused, this may impact their application. IRCC will assess your status in Canada before approving sponsorship.

Detention Risk

If CBSA believes you may not comply with removal, you could be detained. Detention is more likely if:

  • You do not cooperate with CBSA

  • You hide or fail to appear at hearings

  • You are considered a security risk

Detention reviews are held regularly to assess whether you can be released.

Seeking Help After a Refusal

Navigating a refugee refusal is complex. Regulated Canadian Immigration Consultants (RCIC-IRB) can help you explore legal remedies. They can guide you through appeals, PRRA, or H&C applications and ensure proper documents are submitted.

Get Expert Immigration Assistance with Dara Immigration Services (DIS)

Are you looking to make a refugee claim in Canada?

At Dara Immigration Services (DIS), we understand that navigating the immigration process can be complex. Whether you’re applying for a visitor visa, work permit, study permit, or permanent residency, we will guide you every step of the way. From helping you understand the application process to ensuring all necessary documents are in order, we provide the personalized support you need to succeed.

Don’t leave your future to chance—reach out to Dara Immigration Services (DIS) today, and let us help you take the next step toward your Canadian dream.

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