Refugee claimant

A refugee claimant (sometimes referred to as an asylum seeker) is a foreign national who has made a claim for protection in Canada under IRPA Part 2, Division 1. The claim is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) for a hearing and determination.

A refugee claimant who has been found eligible to have their claim referred to the RPD is generally protected from removal while the claim is pending. Refugee claimants are usually authorised to work in Canada while awaiting a decision, subject to obtaining an open work permit.

A claim for refugee protection can be made at a port of entry (to a Canada Border Services Agency officer) or from within Canada (to an IRCC officer). Eligibility to have a claim referred to the RPD is assessed under IRPA s 101 — claims may be ineligible if the claimant has previously made a claim in Canada, has been recognised as a refugee in another country, or arrived from a designated safe third country (currently the United States under the Safe Third Country Agreement). A negative RPD decision can be appealed to the Refugee Appeal Division (RAD) in most circumstances; thereafter, Federal Court judicial review may be sought.