Refugee claims in Canada—Options for refused applicants

On 23 July 2015, the Federal Court rendered a decision impacting the right to appeal to the Refugee Appeal Division of the Immigration and Refugee Board (IRB) of Canada. Please check the IRB website for more information.

If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you.

Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes.

Find out if you can use any of these options to stay in Canada:

Pre-removal risk assessment
If you are told to leave Canada, you may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence.

Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada
If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD.

Apply to the Federal Court of Canada for judicial review
You can have a lawyer ask the Federal Court of Canada to review the decision made on your case.

Humanitarian and compassionate grounds
In some exceptional circumstances, people are allowed to become permanent residents under these grounds.

Protecting Canada’s Immigration System

 
 
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