Refugees accounted for 27,894 out of 250,346 immigrants in 2001. 11,891 were claimants. 60 per cent of deportations involve refugee claimants. One out of four immigrants to Quebec City, Ottawa, Winnipeg and Saskatoon is a refugee. 48 per cent of immigrants are between the ages of 25 and 44 (SOURCES: 1996 Census Facts and Figures 2001: Immigration Overview)

CONVENTIONAL REFUGEE:

Refugee claimants are people who enter Canada, whether by boat, airplane or on foot, and declare themselves to be refugees. They must make their claims to the Immigration and Refugee Board (IRB) in order to stay in Canada. These people are able to apply for welfare or seek work but are not considered permanent residents.

A permanent resident can:

• become a Canadian citizen after living in Canada for three years
• live, work, own a business, purchase and sell properties anywhere in Canada
• visit most of the countries of the world without any visa requirement
• receive free medical care and schooling, and other benefits such as children's allowance etc.

Claimants must apply to become "Convention Refugees" in order to become a permanent resident of Canada. This term was defined in the United Nations 1951 Geneva Convention Relating to the Status of Refugees.

A refugee is someone:

who has a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group. In Canada, new immigration rules approved in June 2002 state that a refugee is also someone who, if returned home, faces: a risk of torture as defined in the Convention Against Torture, cruel and unusual treatment/punishment or a risk to his/her life.

APPLICATION:

Not Eligible: You are not eligible to make a claim if you have committed a serious criminal offence; are under a removal order; have been recognized as a refugee by another country and can return there; had a claim declared ineligible by an immigration officer and didn't wait six months to re-apply; had a claim previously withdrawn or the Immigration and Refugee Board (IRB) abandoned the claim; are a member of organized crime or a security threat

Eligible: If a person is determined to be eligible to make a claim, he/she is required to fill out Personal Information Forms that must be submitted to the Immigration Refugee Board (IRB) within 28 days after the determination. Some claimants hire lawyers to help them fill out the forms. The claim is referred to the IRB which sets a hearing date. It could take more than a year to get a hearing. During this waiting period, the refugee is allowed to work, is covered for basic health care and can apply for welfare, and refugee children can go to school.

HEARING:

1. The Refugee Protection Division of the Immigration and Refugee Board determines refugee status at an oral hearing. One board member and a refugee protection officer will hear the claim. Claimants have the right to represent themselves or have a lawyer and interpreter. They can also choose a friend, relative or other individual to be their counsel. An interpreter is provided if needed. The hearing is usually held in private.

a. if the IRB accepts the person's claim, the refugee has a right to apply for permanent resident status within 180 days of the IRB decision.

b. the IRB can reject the claim and will send a written notice explaining the reasons for rejection.

REJECTION:

1. When a claim is rejected, the claimant has 30 days to leave the country or 15 days to file an application to the trial division of the Federal Court to review the case. Claimants are allowed to remain in the country until the Federal Court decides whether to consider the case.

2. If there is a review at the Federal Court level, arguments are presented by the claimant's lawyer and a lawyer representing the Immigration Department. If the court finds flaws in the way the IRB made its decision, it will send the matter back to the IRB. Sometimes, though very rarely, the matter can go to the Federal Court of Appeal.

3. If there is no review at the Federal Court level, the claimant can be removed from the country.

4. At this point, the person is notified that he/she has 15 days to apply for a PRRA (Pre-Removal Risk Assessment). Once that is done, the person has another 15 days to file written submissions. A PRRA officer reviews the case to assess the risk or threat the claimant faces. This could take up to a year.

5. A person's last chance would be to make an application to the minister of citizenship and immigration on humanitarian and compassionate grounds. A claimant must prove he/she will suffer a hardship and that it is unusual, excessive or undeserved and the result of circumstances beyond his/her control.

6. If everything fails, the claimant will be asked to leave the country.

Government Sponsored Refugee

There were 8,693 government-sponsored refugees in 2001 and 3,570 privately-sponsored. Toronto is the first choice for most immigrants and refugees. Then it's Vancouver, Montreal, Calgary or Ottawa. 86% of immigrants can speak either English or French. Nine out of 10 immigrant seniors aged 65 and over live with their relatives compared to 6.7 out of 10 Canadian-born seniors. (SOURCES: 1996 Census Facts and Figures 2001: Immigration Overview)

The Government of Canada created the Women at Risk Program in 1988 for refugee women in desperate circumstances. This program is directed at women:

• whose safety can not be ensured
• who do not have family or friends to support or protect them
• who are vulnerable to the threat of rape and other forms of violence due to the lack of protection
• whose situations are so critical that urgent protection is required

As of 2002, Canada has given safe haven to more than 2,250 women and children under this program. The Women At Risk Program (external link)

SELECTION:

Government-sponsored refugees are placed in RAP (the Refugee Assistance Program). There are two types of government-sponsored refugees.

A. Convention Refugees Abroad Class includes people who are living outside their country of citizenship or habitual residence, usually in refugee camps. The United Nations High Commissioner for Refugees keeps records of people in their camps and refers them to Canada based on how desperate their situation is.

B. Source Country Class includes people who would meet the definition of a Convention Refugee but who are still in their country of citizenship or habitual residence. It also includes people who have been detained or imprisoned and are suffering serious deprivations of:

• the right of freedom of expression;
• the right of dissent; or
• the right to engage in trade union activity

ARRIVAL:

The government pays for the refugees to come to Canada. Once in the country, government-sponsored refugees get income support for one year, or until they become self-sufficient whichever comes first. They get access to orientation programs and temporary accommodation. The government also provides loans to cover phone costs, work tools and rent. The interest on these loans is waived for up to three years depending on the situation. Refugees attend English classes, called LINC (Language Instruction for Newcomers to Canada), funded by the government.

PRIVATELY-SPONSORED:

Some refugees are privately-sponsored by churches or other organizations and groups. The organization signs a Sponsorship Agreement with Citizenship and Immigration to take care of the refugees when they arrive. Therefore, no government money is being used to house, clothe or feed these people.

There are three types of refugee sponsorships:

A. A group of five or more Canadian citizens or permanent residents can sponsor refugees living abroad. Each member of the group must be at least 18 years of age, live in the community where the refugee will live and personally provide settlement assistance and support.

B. Community Sponsors: this type of sponsorship is open to organizations, associations and corporations who have the necessary finances and who can provide adequate settlement assistance to refugees.

C. Joint Assistance Sponsorships: this is for special needs persons who would not otherwise be accepted for resettlement to Canada. The government provides income support and private sponsors provide moral and emotional support. JASs can last up to three years. Those fitting in this category include: women at risk, victims of trauma or torture, large families, people who have been in refugee camps for extended periods and those with medical conditions. Private Sponsorships: How to Help (external link)