There are two factors in the selection decision made at the interview:
- eligibility; and
If the officer is satisfied that the applicant meets eligibility and admissibility criteria, they enter the information in GCMS. This decision will be confirmed or refuted when the applicant’s security and criminal checks are returned.
For privately sponsored refugees, the visa office must carry out the second processing benchmark after the selection decision has been reached. The approval or refusal letter should be sent to the applicant with a copy to the private sponsor in Canada and the local CIC.
When considering refusing a case, the officer should ensure that the applicant and his/her spouse, common-law partner and dependants have been assessed under both refugee classes and that the record in GCMS clearly shows the reasons for the refusal.
If all applicants are ineligible but humanitarian and compassionate (H&C) consideration is requested or warranted, the officer may examine the case pursuant to A25. Similarly, if a refugee application is refused, and it is evident that an applicant may qualify under another immigration category (e.g., family class), the officer may advise the applicant accordingly.
Refusing an application on ability to successfully establish
If the officer is not satisfied that a member of the Convention refugee abroad class or a member of the country of asylum class will resettle successfully within a reasonable period of time (current guidelines suggest 3-5 years), the application may be refused.
If the applicant is not eligible, proceed to refusing applications.
Where the application is refused, the decision-maker will clearly explain to the client the reasons why the application is refused, in writing. The refusal process is the same as for other refusals.
Credibility is not an eligibility or admissibility criterion of the Refugee and Humanitarian Protected Persons Abroad classes as set out in the IRPA and Regulations. However, in the resettlement context, there may be little evidence apart from the applicant’s testimony on which to base a decision. A negative credibility finding can therefore have a direct impact on the selection and/or admissibility decisions made by the officer. It is important to make a link between the credibility and eligibility assessments. A refusal, cannot be based on credibility alone. It must be based on an applicant’s failure to satisfy the officer that they meet the eligibility or admissibility requirements of the IRPA and Regulations.
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