Refugees Canada: Your Path to Safety

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• Refugee Protection Division (RPD) - Refugee Claims
• Refugee Appeal Division (RAD) - Refugee Appeals
• Immigration Division (ID) - Detention and Admissibility Hearings
• Immigration Appeal Division (IAD) - Appeals on Immigration Matters

The  Refugee Protection Division  (RPD) processes and decides on asylum applications made by individuals seeking refugee protection in Canada. It arranges hearings for refugee claims based on where the claim was submitted:

• At a Port of Entry: If you submitted your refugee claim upon arrival at a Canadian airport, land border, or seaport.
• After Entry into Canada: If you submitted your claim after entering the country.

During the hearing, the RPD evaluates whether you qualify as a convention refugee or are in need of protection under Canadian law. This involves assessing your fear of persecution or risk of harm if you were to return to your home country.

If you are preparing for an RPD hearing, it is crucial to present a well-documented and compelling case. Our experienced immigration consultants can provide  you with advice in gathering evidence, preparing your testimony, and navigating the hearing process to ensure your claim is presented effectively.

 If you disagree with a negative decision on your refugee application made by the RPD, you may have the option to appeal to the Refugee Appeal Division (RAD), provided certain conditions are met. The RAD reviews decisions made by the RPD to ensure they are fair and correct.

Key Scenarios include:

1. Appealing a Negative Decision
   If your refugee claim was denied by the RPD, you may appeal to the RAD under specific conditions. This involves submitting new evidence or arguments to support your case.
2. Responding to a Minister’s Appeal
   If the RPD granted you refugee protection but the Minister of Immigration, Refugees, and Citizenship Canada (IRCC) is appealing the decision, you have the right to respond to the appeal and submit supporting documents.

The RAD process is a critical opportunity to present additional evidence, clarify misunderstandings, or address errors in the original decision. However, strict deadlines and procedural requirements apply, so it is essential to act quickly and prepare thoroughly.

The Immigration Division (ID) ensures fairness and due process in immigration matters, particularly in cases involving detention and admissibility. Its responsibilities include:

• Detention Review Hearings
  If you are a permanent resident or foreign national detained by the Canada Border Services Agency (CBSA), the ID conducts independent hearings to review the reasons for your detention. These hearings ensure that your detention is justified and provide an opportunity to present your case for release. The ID must balance your rights with public safety and immigration enforcement priorities.

• Admissibility Hearings
  The ID also conducts admissibility hearings to determine whether you are allowed to enter or remain in Canada or if you must leave. These hearings assess your eligibility based on immigration laws, including issues such as criminality, security concerns, or misrepresentation.

The ID ensures that individuals subject to detention or admissibility proceedings are treated fairly and in accordance with Canadian law. If you are facing a detention review or admissibility hearing, it is crucial to understand your rights and prepare a strong case.

 The Immigration Appeal Division (IAD) is responsible for handling appeals related to various immigration matters, including sponsorship refusals, removal orders, and residency obligations. Below are common scenarios where the IAD may be involved:

• Sponsorship Denial
  You sponsored a family member for permanent residency, but their application was denied.
• Removal Order
  You received a removal order from immigration authorities following a hearing or examination.
• Permanent Resident Travel Document Refusal
  Your application for a permanent resident travel document was rejected by an overseas visa office.
• Minister’s Appeal
  You received a decision allowing you to stay in Canada, but the Minister has appealed this decision.

If you find yourself in any of these situations, you may have the right to appeal to the IAD.