How long does a refugee claim take in Canada?

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The refugee status claim process is very bureaucratic in nature and consists of several steps each with their own time cycle. For many refugees who seek protection, the experience of how long it is likely to take is a very important factor. Since there is no set timeframe for processing refugee claims in Canada since it largely depends on multiple variables, such as how complex a case may be and the IRB caseload and specific individual circumstances, it may take months or even years to totally finalize a refugee claim.

Here, we step you through the process of a claim for refugee status in Canada, explain what factors might go to the influence of timescales, and show you how CITRN can have your case speed up on advice from lawyers.

 

Step-by-Step Timeline for Refugee Claims in Canada

Initial Submission of Your Refugee Claim
Submit your application for refugee status to the Canada Border Services Agency (CBSA) or to the Immigration, Refugees and Citizenship Canada (IRCC) at a port of entry, such as an airport or border crossing, or within Canada. Your application is then processed, and you receive an **Acknowledgment of Claim**, showing that your application is indeed being processed.

Timeline : Usually within days of acceptance, though processing can vary depending on how and where you file your claim.

Eligibility Interview
At such a time, you will be contacted and scheduled for an eligibility interview. At the meeting, the officer at Immigration will go through your application in order to assess whether or not you appear to meet the minimum eligibility criteria for seeking refugee protection in Canada. This meeting typically takes place a few days to weeks after submitting your claim.

Timeframe : 2-4 weeks after you submitted your refugee claim.

Medical and Security Screening
Following your eligibility interview, you will be expected to go through both a medical examination and a security screening. A medical examination establishes that you do not pose any public health risks. Security screening checks available criminal background information that might prohibit or otherwise prevent you from obtaining refugee status.

Timeline : 1-3 months based on appointments and the speed of processing for the results.

Preparation for Refugee Hearing
After undergoing medical and security screenings, you will undergo preparation for your refugee hearing at the Immigration and Refugee Board (IRB). The IRB will then provide a date for your hearing on which your claim will be determined. The hearing usually occurs within 30 to 60 days after the eligibility interview. This time may be extended due to the type of workload facing IRB and other factors considered specific to your case.

Timeline : between 1 to 3 months after the interview eligibility, although it may take more time considering the backlogs by the IRB.

Refugee Hearing
The hearing for refugees is a significant stage where you will present your case to the decision-maker in front of the IRB. Questions may come about your claim, your background, and what makes you fearful of persecution in your home country. It is suggested that you have some legal representation during the hearing so that your case could be well represented at the hearing.

Timeline : Usually, the hearing lasts for just 1 day. However, delays may push this stage beyond this time frame owing to scheduling.

Decision on Your Refugee Claim
After your hearing with the Refugee Board, your claim is approved or denied by the IRB. If it is approved, they grant you the status of a Protected Person, and thereafter, you can seek Permanent Residence in Canada. If your claim is denied, you can at all times appeal against the IRB's decision or seek judicial review.

Timeline: The decision is usually made within a period of 30 to 60 days from the date of the refugee hearing; sometimes, however, the processing time can be longer.

 

Factors Affecting the Processing Time of a Refugee Claim in Canada

A number of factors affect the processing time of a refugee claim in Canada:

IRB Caseload
A great deal of claims, the Immigration and Refugee Board of Canada has, and the time it will take before reviewing your claim depends upon the number of cases that are ahead of yours. During busy times, wait times might be longer for hearings and decisions.

Complexity of Your Case
Complex legal or factual considerations in refugee claims may take more time to process because extra evidence and testimony may be required. More elaborate hearings and reviews are often necessary in cases with a higher rejection risk.

Availability of Legal Representation
Having competent legal representation can expedite the progress of your claim. Lawyers or immigration consultants, including those at CITRN, can do your paperwork correctly, in timely submission of evidence, and fully prepare you for your hearing. In most cases, this would eradicate delays due to errors or missing documents.

Appeals and Judicial Reviews
If your application is refused, then there is also likely to be the possibility of an appeal or judicial review. Both options are normally okay for several months or even up to a year, depending on the complexity of the appeal process.

Country of Origin and Risk Assessment
Other times, those from countries whose country of origin could be viewed as a threat to their safety and security or where the risk that they may face persecution is considered to be relatively strong are fast-tracked through the refugee claims process. Claims of individuals from countries that are thought to be "safe" are likely to take a little more time to process as there is extra scrutiny.

 

How CITRN Can Help You at Every Step of the Refugee Claims Process

We at CITRN are well aware of the stress and anxiety that awaits a decision on your refugee claim, especially where your safety and future are concerned. With more than 27 years of experience in dealing with immigration and refugee claims, you can trust in our capability to lead you through the process and eliminate any backlog not earned by you.

Personalized Guidance and Legal Representation
Our experienced team of immigration consultants will guide you through every angle of your refugee claim on an individual basis. We will assist you in gathering the necessary documentation, preparing your case, and ensuring you are properly prepared for your refugee hearing. With CITRN, you can entrust your case to be in professional hands where the best knowledge of how best to handle the system in any refugee claim is involved.

Case Expediency
Our experts will assist in the preparation of your document to be filed so that all deadlines are covered. A small error or omission of information in your application may lead to delay or even rejections. Therefore, aid from CITRN will expedite your case, presenting you with an essential advantage for timely decision-making.

Hearings
Representation of your case in the refugee hearing is of paramount importance. CITRN will ensure that you have professional legal representation at your hearing, where we work to make sure that every point you have is brought out and presented in the best possible manner and answer any questions that the IRB may pose. We ensure that your hearing runs as smoothly as it should be, and get your process done as fast as it can be.

Appeals and Judicial Reviews
If your application is refused do not panic-the CITRN can guide you in appealing the decision. We can advise as to whether you have a case to lodge an appeal and then guide you through the process of judicial review if your application is refused. We will assist you in building a case that may provide you with the best prospect of having a negative decision reversed and being granted refugee status.