Applying for Refugee Protection

Description

Mind Map on Applying for Refugee Protection, created by kendra0898 on 05/17/2014.
kendra0898
Mind Map by kendra0898, updated more than 1 year ago
kendra0898
Created by kendra0898 over 10 years ago
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Resource summary

Applying for Refugee Protection
  1. DCO's & DFN's
    1. DFN's - groups
      1. No access to H&C, PRRA, TRP, PR or PP travel docs for lengthy time post claim
      2. DCOs
        1. countries with lower # of refugee claims
          1. impacts: timelines, eligibility for wp's, RAD, stays of removal
        2. The process
          1. In Canada
            1. must be made to an officer: saying "refugee" or similar
              1. POE
                1. if eligible, hearing date w/i 45 days for claimants from DCO, 60 everyone else
                  1. Has 15 days to complete BOC & submit to RPD
                    1. if deadline missed - appn for extension of time, BOC must accompany request
                  2. Inland office
                    1. All forms, incl BOC, submitted at time of claim
                      1. Once eligible, hearing date w/i 30 days for claimants from DCO, 60 for everyone else
                    2. Outside of Canada
                      1. Who can apply?
                        1. persons fearing persecution for convention reason
                          1. Who
                          2. Claims under S.97 ineligible - try H&C
                            1. Asylum class: persons who have, continue to be seriously & personally affected by civil war, armed conflict, or massive VHR
                              1. Who
                                1. Are outside their country of origin
                                  1. must not have any reasonable prospect of a durable solution in another country
                                    1. will be able to become successfully established in Canada (considers resourcefulness, relatives in Can, potential for employment, ability to learn Eng/Fr
                                      1. Unless deemed in urgent need of protection or vulnerable
                                  2. persons who meet Ministers Public Policy categories
                                  3. By Way of
                                    1. Sponsorship
                                      1. private group of 5 Cdns/PRs
                                        1. refugee must be recognized as a refugee by UNHCR or foreign state
                                          1. Sponsorship Agreement holders - 93 SAH's, +9 in PQ. caps imposed
                                          2. referral by organization or foreign gov't
                                        2. Officer will determine eligibility & officer will refer to RPD within 3 days
                                        3. Ineligible G-AIRI3R
                                          1. removal order has been issued
                                            1. previously granted refugee status
                                              1. Inadmissible on grounds of Security, VHIR, Serious Crim, or Org Crim
                                                1. Are a Convention refugee in another country
                                                  1. Arrived directly/indirectly from safe 3rd country unless exception applies
                                                    1. applies to land border x-ing, not air
                                                      1. exceptions: stateless, US nationals/PRs, family mbr in Cda, unaccompanied minors, valid Cdn wp/vr/sp
                                                      2. previous claim was rejected
                                                        1. previous claim was ineligible
                                                        2. If appn rejected, declared abandoned, withdrawn, no second claim can be made
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