December 29, 2011
What is the success rate for refugees at the Immigration and Refugee Board?
Success at the IRB depends on many factors. For example, different countries have radically different success rates. Claimants coming from “refugee producing countries” such as a Afghanistan or Somalia would naturally have much higher rates of success than claimants from countries such as the U.S. or Europeon countries which typically have human rights records similar […]
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If I am determined to be a Convention Refugee does that make me a Canadian citizen?
Upon receiving a positive determination at the Refugee Board, you are generally, with certain limited exceptions, entitled to apply for Permanent Residence. Such applications must be made within 180 days of being notified of your positive decision. Once you obtain your status as a Permanent Resident you must maintain your residence in Canada for 3 of the prior 4 years in order to be eligible to apply for Canadian Citizenship.
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Do I have to make a refugee claim at the border or can I claim within Canada?
Claims may be made either at a POE (point of entry) upon arrival in Canada or inland at a designated CIC office. Board Members may draw negative inference where there has been significant delay from the time of the claimant’s arrival in Canada to the time of an inland claim is made.
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Can I make a refugee claim in Canada if I have previously claimed in Canada?
No. The Immigration and Refugee Protection Act prohibits refugee claims where a claim has been made previously.
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Can I make a refugee claim if I have made a claim in the United States?
There are presently no bars against making refugee claims in Canada if you have previously claimed refugee status in the U.S. However, if you claimed in the U.S. and you were sucessful resulting in U.S. status, such status would exclude you from the provisions of the Immigration and Refugee Protection Act.
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Jiu Xin Wang v. M.C.I. [2011] F.C.J. no. 1191
Application by Wang for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board refusing his application for refugee or protection status. The applicant was a recent convert to Christianity. He attended an underground church that was raided by the P.S.B. The applicant went into hiding during which time the PSB visited his home and left a summons with his wife. The applicant fled to Canada using a fraudulent passport and claimed refugee protection.
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