Refugee claims and H&C applications in Toronto

A refugee claim is decided at an IRB hearing; an H&C request, on paper by IRCC. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents claimants before the Refugee Protection Division and the Refugee Appeal Division.

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RPD & RADhearings and appealsIRPA s.96–97the two protection testsEN / RUEnglish and Russian

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Tell us whether a claim is already filed and the date of any RPD or RAD decision.

Two routes, two decision-makers

Separate proceedings under different sections of the Immigration and Refugee Protection Act.

Refugee protection claim

A paralegal may represent you

Test: Persecution for race, religion, nationality, political opinion or social group (s.96), or a risk of torture or to life (s.97).
Decided by: An RPD member, after an oral hearing.
If refused: An appeal to the RAD, where the Act allows one.

H&C request

Filed with IRCC

Test: Whether humanitarian factors justify permanent residence, including a child’s best interests (s.25).
Decided by: An IRCC officer, on paper.
Who helps: Our legal team assists with the full range of your matter, including applications filed with IRCC.

The time limits a refugee claimant meets

From the Immigration and Refugee Protection Regulations and the RPD Rules.

15days

Basis of Claim form

Claims made at a port of entry: due at the RPD 15 days after referral. Inland claims: given to the officer before eligibility is decided.

IRPR s.159.8

10days

Before the hearing

Evidence and any change to the Basis of Claim form reach the Division 10 days before the hearing.

RPD Rules 9 & 34

15days

Appeal to the RAD

Notice of appeal 15 days after receiving the written reasons; the full appeal, 30 days.

IRPR s.159.91

How a refugee claim moves through the RPD

The order of events under the RPD Rules.

1ReferralAn officer finds the claim eligible and refers it to the RPD.
2Basis of Claim formYour account, signed with the force of a statement under oath (Rule 6).
3DisclosureIdentity and country evidence, 10 days before the hearing.
4Hearing and decisionA member hears your testimony and decides under sections 96 and 97.

Man in a dark suit reading a document with a pen in hand to a woman across a desk, a bronze scales-of-justice statue beside a stack of papers

When an H&C request can be made after a claim

Section 25(1.2) of the Act puts the two routes in sequence.

Claim pendingNo H&C request while the claim is before the RPD or RAD.s.25(1.2)(b)

12-month waitAfter a rejection by the RPD or RAD, no H&C request is processed for 12 months.s.25(1.2)(c)

Open againOnce 12 months have passed, the request can be made.s.25(1.2)(c)

Exceptions (s.25(1.21)): a risk to life from inadequate medical care in the home country, or harm to the best interests of a child directly affected.

Stack of papers headed Humanitarian & Compassionate Application on a wooden desk, beside glasses and a pen on a notepad

What to bring to the free assessment

Your claim documentsBasis of Claim form and referral to the RPD.
Any RPD or RAD decisionWritten reasons and the date received.
Identity documentsPassport, national ID or other proof.
Notices from the IRB or IRCCHearing notices and any removal order.
Proof of life in CanadaWork, school, family, community.
Children’s recordsSchool and medical papers.

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Your representative at the Refugee Protection Division

A licensed paralegal may appear for a claimant at the RPD and RAD.

Over 25 yearsOn immigration and criminal matters.
English and RussianPreparation of your testimony in either language.
Richmond Hill office10211 Yonge Street, Suite 205, for claimants across the GTA.

Questions about refugee and H&C matters

Man in a navy suit facing a man and a woman across a desk, a brass scale on the desk and a Gothic parliament building through the window

Can a paralegal represent me at a refugee hearing?

Yes. Law Society of Ontario By-Law 4 lets a licensed paralegal represent a party before a federal tribunal, including the RPD and the RAD.

Can I make an H&C request while my refugee claim is open?

No. Section 25(1.2)(b) of the Immigration and Refugee Protection Act bars an H&C request while a claim is pending before the RPD or the RAD.

Is every RPD decision open to an appeal?

No. Section 110(2) of the Act lists claims with no appeal to the RAD.

This page is general information about refugee claims and humanitarian and compassionate requests and is not legal advice. Reading it does not create a paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.

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Refugee claims and H&C applications in Toronto

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