Refugee Claims & In-Land Processing

Convention Refugees

Eligibility
A refugee claimant is a person who has arrived in Canada and seeks Convention refugee status. A claim may be made upon arrival at the port of entry or by someone already in Canada, whether as a legal visitor or without legal status, by notifying an immigration officer. A refugee claimant receives Canada's protection when he or she is found to be a Convention refugee as defined by the United Nations' 1951 Geneva Convention Relating to the Status of Refugees, and its 1967 Protocol. Under the Convention a refugee is protected from forced repatriation to the place where he or she would face persecution.

The following categories of persons are not eligible:
persons recognized as Convention refugees by another country to which they can be returned;

persons already considered Convention refugees according to Canada's Immigration Act or Regulations;

persons who have arrived in Canada from a prescribed country. A prescribed country is one which does not return refugees to nations where their life or freedom would be threatened for reasons of race, religion, nationality or membership in a particular social group or political opinion (to date there is no list of prescribed countries);

persons who have been found ineligible by a senior immigration officer or have been determined not to be a refugee by the Immigration and Refugee Board (this provision does not apply to persons who have been subsequently out of Canada for more than 90 days);

persons who have been convicted of serious criminal offences or to be terrorists, subversives, or war criminals, and whom the Minister of Citizenship and Immigration has determined should not be in Canada because they pose a danger to Canadians or the national interest.
persons subject to an unexecuted removal order

In-Land Applications

Although most applications for various visas must be made out side of Canada, certain applications can be made from within Canada.

Often there are legitimate humanitarian and compassionate reasons, which justify granting permanent residence for applicants who are already inside Canada (i.e. people who have lived in Canada without status for a long time and people married to Canadians). The revised Immigration Act, which is currently before the government, suggests widening the criteria for this category and making it more accessible to more people.