Elan Rotating Header Image

refugee claim

New immigration publications and legal aid lawyer services

As we set out in our earlier ELAN entry, there have been some big changes recently to immigration law in Canada (Bill C-31). This includes a reworking of the refugee claim process.

As a consequence of these changes, our publication Your Guide to the Refugee Claim Process is no longer available, as it’s now outdated. To outline the new refugee claim process, we’ve produced a new flow chart (available online only). As well, we’ve created a new bilingual infocard to promote our new legal aid immigration phone line. The infocard text is in English and Spanish.

To find out more about the updated legal aid coverage and services for immigration matters, check out our immigration problems page.

Hot off the press: Update for Your Guide to the Refugee Claim Process

Your Guide to the Refugee Claim ProcessAn update for the LSS booklet, Your Guide to the Refugee Claim Process, is now available on the LSS website in English, simplified Chinese, French, and Spanish.

On June 28, 2012, the federal government made a number of changes to the refugee claim process, some of which are already in effect. Most of the information in the update relates to the chapter in the existing guide about preparing humanitarian and compassionate applications.

The update is available as both a stand-alone online PDF and as an insert within the online guides. Look for more LSS announcements later this year when the rest of the federal changes come into effect.

Hot off the press: Update insert for Your Guide to the Refugee Claim Process

We’ve published an update insert for the booklet, Your Guide to the Refugee Claim Process, to account for changes to the refugee claim process brought about by Bill C-31. The English update is now available on the LSS website as a stand-alone PDF and also within the online English version of the guide.

The update is also coming soon in simplified Chinese, French, and Spanish.

Changes to the refugee claim process

On June 28, 2012, Bill C-31, titled the Protecting Canada’s Immigration System Act, received royal assent and is now law. The bill makes a number of changes to the Canadian immigration system. While most of the changes won’t come into effect until sometime in the future, a number of changes are already in effect. These changes limit when people can apply for pre-removal risk assessments (PRRAs) or humanitarian and compassionate (H&Cs) consideration. This means that some information in the LSS publication, Your Guide to the Refugee Claims Process, is no longer correct. There are three major changes that should be noted:

  1. After receiving a negative final decision on a refugee claim from the Immigration and Refugee Board of Canada, there is now a one-year waiting period before claimants can apply for a PRRA.
  2. Previously, claimants could apply to stay in Canada on H&C grounds at any point during the refugee claim process. Now, applications can no longer be submitted while a refugee claim is pending. As well, failed refugee claimants are barred from filing an H&C application for one year, unless there is a risk to life due to inadequate health or medical care, or if removal would have an adverse effect on the best interests of a child.
  3. On an H&C application, Citizenship and Immigration Canada will no longer consider whether a person faces risk if returned to their country (this change occurred as of June 29, 2010).

The incorrect information in the current booklet concerns H&C applications and is primarily in the H&C chapter. A short update for Your Guide to the Refugee Claims Process about the H&C and PRRA changes will be available in the near future.

For more information on these changes, please see the Citizenship and Immigration Canada website.

Hot off the press from LSS: Your Guide to the Refugee Claim Process (Spanish)

Su Guía del Proceso de Petición de RefugioThe Spanish version of this publication is now back in print! This reprint includes some minor revisions such as updated website links and contact information for community organizations. Your Guide to the Refugee Claim Process explains the process of seeking refugee protection in Canada. It is available in print and online, and also in English, Chinese (simplified), and French (online only).