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Refugee Protection Division

The Refugee Protection Division (RPD) is a tribunal branch of the Immigration and Refugee Board (IRB). The RPD hears matters from claimants and decides whether to provide refugee protection or not among the numerous claimants who come to Canada every year. Most claims are made in Canada at a CBSA office, IRCC office or a Port of Entry such as a border or an airport. Additionally, it is possible to claim from outside of Canada, but such claims are processed by IRCC or Refugee Protection Division.
Refugee Protection Division

Grounds for Ineligibility of the Refugee Protection Division

Claims for the Refugee Protection Division are made under the following two categories: a person in need of protection or a convention refugee. Refugee Protection Division claim may not be eligible if a person:
  • Has been perceived as a Convention refugee by another country to which you can return;
  • Has already been given protected person status in Canada;
  • Reached Canada through the Canada-United States border;
  • Not permissible to Canada on security grounds or as a result of crime or human rights violations;
  • Made a prior refugee claim discovered to be ineligible for reference to the IRB;
  • Made a preceding refugee claim dismissed by the IRB or
  • Abandoned or eliminated a previous refugee claim.
The refugee claim hearing plays a significant role in the refugee protection method where an RPD will decide whether the claimant should concede refugee protection or not. Hearings generally take place in private to ensure the claimant and his/her family. The RPD may take whatever measure is essential to ensure the privacy of the hearing.
Besides, hearings are held in English or French and may occur by video conference because the RPD decision-maker can be in a different city than the claimant. During the hearing process, the claimant should submit his/her claim and supply evidence to show that the telling story is not false. After the hearing; the RPD decision-maker may approve or deny the claim:
  • If the claim is approved, the RPD sends a written notice of the decision to the claimant explaining the reasons for approval. The IRCC and CBSA will obtain copies of the ruling as well, in case they decide to challenge a substantive decision to the RAD or request leave and judicial review in Federal Court.
  • If the claim is rejected, the RPD sends a written notice of the decision to the claimant explaining the reasons for the case rejection. The IRCC and CBSA also receive copies of the decision if they wish to appeal to the RAD or submit a judicial review application to the Federal Court.
If you think that you may be a person in need of refugee protection division or a convention refugee and have already claimed refugee protection status or have been declined for protection status, and need assistance, Consult us Today.
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