Bilingual (Spanish/English) Designated Representative Letter

Posted on by in English-Spanish Resources, Uncategorized

The RPD (refugee board) will send the “Designated Representative” (parent of a minor child in a family making a refugee claim) a letter setting out their responsibilities. The main text is reproduced below, in Spanish and English, and a formatted bilingual version is also available (see bottom of page).

As you are the parent or guardian of [name or names of minors] and have completed the Basis of Claim form on their behalf, the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada recommends that you be appointed as their designated representative. As the designated representative, you must be 18 years of age or older, understand the nature of the proceedings, not have any interests that conflict with those of the minor claimant, act in their best interests, and attend any hearings or other proceedings related to the claim. No hearing date has been scheduled yet.
Como usted es el padre o tutor legal de [nombre o nombres de los menores] y ha completado el formulario de Base de la Reclamación (Basis of Claim form) en su nombre, la División de Protección de Refugiados (RPD) de la Junta de Inmigración y Refugiados de Canadá recomienda que se le designe como su representante designado. Como representante designado, debe ser mayor de 18 años, comprender la naturaleza del procedimiento, no tener intereses que entren en conflicto con los de los menores reclamantes, actuar en su mejor interés y asistir a cualquier audiencia u otro procedimiento relacionado con la reclamación. Aún no se ha programado una fecha para la audiencia.

Being the designated representative does not mean acting as counsel. The responsibilities of a designated representative include, but are not limited to: 
Ser el representante designado no significa actuar como abogado. Las responsabilidades de un representante designado incluyen, pero no se limitan a:

  • Deciding whether to retain counsel and giving instructions to counsel, if applicable;
    Decidir si retener a un abogado y dar instrucciones al abogado, si corresponde;
  • Making other decisions regarding the case or assisting the minor claimant to make those decisions;
    Tomar otras decisiones relacionadas con el caso o asistir al menor reclamante en la toma de esas decisiones;
  • Informing the minor claimant about the various stages and procedures in the processing of their case;
    Informar al menor reclamante sobre las diversas etapas y procedimientos en el procesamiento de su caso;
  • Helping to get evidence to support the case and/or being a witness at the hearing if necessary;
    Ayudar a obtener pruebas que respalden el caso y/o ser testigo en la audiencia si es necesario;
  • Protecting the interests of the minor claimant and putting forward the best possible case to the Division;
    Proteger los intereses del menor reclamante y presentar el mejor caso posible ante la División;
  • Informing and consulting the minor when making decisions about the case; and
    Informar y consultar al menor reclamante al tomar decisiones sobre el caso; y
  • Filing and perfecting an appeal to the Refugee Appeal Division, if applicable.
    Presentar y perfeccionar una apelación ante la División de Apelación de Refugiados, si es aplicable.

For more information regarding the role and responsibilities of the designated representative, please consult  the  Designated  Representative  Guide:
https://irb-cisr.gc.ca/en/designated- representant/Pages/designated-representative-guide.aspx.
Para obtener más información sobre el papel y las responsabilidades del representante designado, por favor consulte la Guía del Representante Designado:
https://irb-cisr.gc.ca/en/designated-representative/Pages/designated-representative-guide.aspx.

If you refuse to act as the designated representative, you are required to inform the RPD of such refusal within 10 days of receipt of this letter. If no refusal is received within those 10 days, the RPD will assume that you accept the role and responsibilities of the designated representative.
Si usted se niega a actuar como representante designado, debe informar a la RPD de dicha negativa dentro de los 10 días posteriores a la recepción de esta carta. Si no se recibe ninguna negativa dentro de esos 10 días, la RPD asumirá que acepta el rol y las responsabilidades del representante designado.

If you have any questions, please contact the undersigned at the number below. 
Si tiene alguna pregunta, por favor contacte al abajo firmante en el número que se indica a continuación.

Sincerely,
Sinceramente,

[Initials of a refugee board staff member and general refugee board phone number]
[Iniciales de un miembro del personal de la junta de refugiados y número general de la junta de refugiados]

RPD SP_ENG Letter to parent or Legal guardian as DR accompanied minorDownload

Who Can Make a Refugee Claim at the US/Canada Border?

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Under the Safe Third Country Agreement [STCA], a treaty between the United States and Canada,1 as implement in Canada’s laws,2 most people cannot make a refugee claim to stay in Canada at the US/Canada land border. If they are in the United States, they are expected to make a refugee claim there instead. However, there are exceptions:

Family Member Exception

You can make a refugee claim in Canada at the US/Canada border if you can show that you have a particular family member (parent, child, spouse, brother or sister, uncle or aunt, niece or nephew, grandparent) who has one of the listed kinds of status in Canada (including citizen, permanent resident, recognized refugee, or person who has passed certain steps in making a refugee claim) – this person is usually called the “anchor relative”. More information on the requirements and evidence can be found here. This exception is found in Article 1(1)(b) (which defines family member) and Article 4(2)(a) and (b) of the STCA.

Unaccompanied Minors Exception

A minor (person under 18 years old) who is single (not married and no common-law partner), and who is (1) not accompanied by their mother, father or legal guardian; and (2) whose mother, father or legal guardian is not in Canada nor in the United States, can make a claim at the border. This exception is found in Article 4(2)(c) of the STCA.

Note that if mother, father or legal guardian is in Canada, then the minor may be able to make a claim under the Family Member Exception.

Note also that a minor cannot be an “anchor relative”, so a minor cannot be sent ahead alone to enable the rest of the family to make claims later.

Document Holder Exceptions

A person who has a valid visa or permit, or under some circumstances who does not need such a visa or permit to enter Canada may make a refugee claim at the border; this exception is found in Article 4(2)(d) of the STCA. For example a person may apply if they:

  • hold a valid Canadian visa (other than a transit visa)
  • hold a valid work permit
  • hold a valid study permit
  • hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
  • are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.

Persons holding a Canadian visa, permit, or travel document are a relatively straightforward exception.

The last category, that of people entitled to enter Canada without a visa, but who did require a visa to enter the United States, raises some interesting exceptions.

Needing a US Visa but NOT a Canadian Visa

The list of citizenships that entitle one to enter Canada without a visa are governed by Section 1903 and Schedule 1.14 of the Regulations. Canada and the United States have similar immigration goals, policies, and concerns, and generally visa exemptions overlap.5

The following countries are those that, as of posting, it appears that citizens do not need a visa to enter Canada, but do need a visa to enter the US: Barbados,6 Bulgaria,7 Cyprus,8 Papua New Guinea,9 Samoa,10 Solomon Islands,11 the Vatican/the Holy See, and the United Arab Emirates.12

The situation is less clear for people from the following countries, who may or may not need visas to enter the United States (but are exempt in Canada): Bahamas,13 certain citizens of Hong Kong, and other British overseas citizens.

In 202314 and 2024 (from January 1 to September 30),15 several of these countries did give rise to claims:

Country2023 Q1-Q42024 Q1-Q3
Bahamas578 claims referred, 358 accepted, 705 pending409 claims referred, 188 accepted, 760 pending
Barbados212 claims referred, 105 accepted, 228 pending338 claims referred, 37 accepted, 495 pending
Bulgaria30 claims referred, 0 decided, 33 pending0 claims referred or decided, 72 pending
Cyprus0 claims referred, decided, or pending0 claims referred, decided, or pending
Hong Kong91 claims referred, 95 accepted, 52 pending110 claims referred, 77 accepted, 85 pending
Papua New Guinea0 claims referred, decided, or pending0 claims referred, decided, or pending
Samoa0 claims referred, decided, or pending0 claims referred, decided, or pending
Solomon IslandsN/A0 claims referred, decided, or pending
United Arab Emirates34 claims referred, 32 accepted, 33 pending28 claims referred, 0 decided, 50 pending

British Nationality & Hong Kong

For people from most countries – very much including Canada – there is no meaningful distinction between “citizen” and “national”. Britain is a major exception, as there are no less than six (or more!) categories of British nationality. Persons who think or know they have status as a “British Overseas Territories citizen”, “British Overseas citizen”, “British National (Overseas)”, or were born in a current or former British possession, colony, or territory, should consult with a lawyer about whether their status allows them to make use of this exception.

Public interest exceptions

Article 6 of the STCA states that: “Notwithstanding any provision of this Agreement, either Party may at its own discretion examine any refugee status claim made to that Party where it determines that it is in its public interest to do so.”

A person who has been charged with, or convicted of, an offense carrying the death penalty, in the US or in a third country, as long as they are also not inadmissible to Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public. While the overall similarity between US and Canadian criminal law in terms of how serious offences are considered means that a person charged with a death penalty offense in the US is almost certainly inadmissible to Canada, there are several death penalty offenses internationally that – depending on the circumstances – might not render a person inadmissible. Those would include some drug crimes, and “moral” crimes such as adultery or apostasy (which are not crimes at all in Canada).

  1. Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, 5 December 2002, [2004] Can. T.S. No. 2, online: https://www.treaty-accord.gc.ca/Treaty_Docs/PDF/104943.pdf and https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html. It was recently amended by the Additional Protocol to the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, 29 March/14 April 2023, CTS 2023/3, online: https://www.treaty-accord.gc.ca/Treaty_Docs/PDF/105722.pdf and https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/additional-protocol.html. ↩︎
  2. Immigration and Refugee Protection Act, SC 2001, c. 27, s. 101(1)(e), states that a claim cannot be referred to the refugee board if “the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence”. Immigration and Refugee Protection Regulations, SOR/2002-227, s. 159.3, designates the US as such a country. ↩︎
  3. Immigration and Refugee Protection Regulations, SOR/2002-227, s. 190, https://canlii.ca/t/7xsp#sec190. In addition to persons listed in Schedule 1.1, the countries/citizenships specified in s. 190 are: British citizens (s. 190(1)(b)(i)); British overseas citizens who are re-admissible to the United Kingdom (s. 190(1)(b)(ii)); British overseas citizens who derive that citizenship through birth, descent, naturalization or registration in one of the British overseas territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or Turks and Caicos Islands (s. 190(1)(b)(iii)); holders of a passport issued by the United Kingdom to a British Subject which contains the observation that the holder has the right of abode in the United Kingdom (s. 190(2)(e.1)); US citizens or permanent residents (s. 190(1)(c)); certain recognized diplomats (s. 190(2)(a)); holders of passports/travel documents issued by the Vatican/the Holy See (s. 190(2)(b)); holders of Israeli passports (s. 190(2)(c)); persons holding either a a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China or a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong (s. 190(2)(d) and (e)); holders of an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number of the individual (s. 190(2)(f)); and holders of certain Romanian passports (s. 190(2.1)). ↩︎
  4. Immigration and Refugee Protection Regulations, SOR/2002-227, Schedule 1.1, https://canlii.ca/t/7xsp#sec365. The countries listed are: Andorra, Australia, Austria, Bahamas, Barbados, Belgium, Brunei Darussalam, Bulgaria, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Federal Republic of Germany, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Papua New Guinea, Poland, Portugal, Republic of Korea, Samoa, San Marino, Singapore, Slovakia, Slovenia, Solomon Islands, Spain, Sweden, Switzerland, and United Arab Emirates. ↩︎
  5. At the end of 2024, the US ended the practice of listing US Visa Waiver program countries in regulations; see “Update to Procedures for Listing Designated Countries and Location of List”, The countries benefiting from the US Visa Waiver program, as listed by the US Department of State, can be found at https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html#reference and https://www.dhs.gov/visa-waiver-program. The program is established under 8 USC 1187/INA § 217. At time of writing, the included countries are: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Romania, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom (British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man). Separate agreements allowing travel to the US without a visa, generally, are in place for citizens of Canada and Bermuda (see https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html); as well as citizen of the Republic of the Marshall Islands and Federated States of Micronesia (see https://www.uscis.gov/sites/default/files/document/news/Micronesia_MarshallIslFS.pdf), and citizens of the Republic of Palau (see https://www.uscis.gov/working-in-the-united-states/status-of-citizens-of-the-republic-of-palau-fact-sheet). ↩︎
  6. As noted at the page of the US Embassy in Barbados (https://bb.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  7. As noted at the page of the US Embassy in Bulgaria (https://bg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  8. As noted at the page of the US Embassy in Cyprus (https://cy.usembassy.gov/important-visa-information/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  9. As noted at the page of the US Embassy in Papua New Guinea (https://pg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  10. As noted at the page of the US Embassy in Samoa (https://ws.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  11. As noted at the page of the US Embassy in Papua New Guinea (https://pg.usembassy.gov/visas/) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  12. As noted at the page of the US Embassy in the UAE (https://ae.usembassy.gov/visas/#wizard) and implied by the fact that it is not on the Visa Waiver Program list. ↩︎
  13. Bahamians and citizens of the British overseas territory of the Turks and Caicos Islands may travel to the United States without a visa but only if they go through pre-clearance in Nassau, as set put at the US CPB website: “Bahamian Citizen Document Requirements”, https://www.help.cbp.gov/s/article/Article-1295?language=en_US. ↩︎
  14. Canada, IRB, “Claims by Country of Alleged Persecution – 2023”, online: https://www.irb-cisr.gc.ca/en/statistics/protection/Pages/RPDStat2023.aspx. ↩︎
  15. Canada, IRB, “Claims​ by Country of Alleged Persecution – January to September​​ 2024”, dated to 30 September 2024, online: https://www.irb-cisr.gc.ca/en/statistics/protection/Pages/RPDStat2024.aspx. ↩︎

Free or Low-Cost Attractions in Ontario for Newcomers

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Barrie

MacLaren Art Centre – 37 Mulcaster Street, Barrie, ON L4M 3M2 – https://maclarenart.com/ – Free/By donation

Burlington

Art Gallery of Burlington – 1333 Lakeshore Road, Burlington, ON L7S 1A9 – https://agp.on.ca/visit/hours-admission/ – Free

Durham

Durham Art Gallery – 251 George St E., Durham, Ontario, N0G 1R0 – https://www.durhamartgallery.com/ – Free/By donation

Gananoque

1000 Islands History Museum – 125 Water Street, Arthur J.E. Child Building, Gananoque, ON K7G 3E3 – https://www.1000islandshistorymuseum.com/ – Free/By donation

Guelph

Art Gallery of Guelph – 358 Gordon Street, Guelph, ON, N1G 1Y1 – https://artgalleryofguelph.ca/visit/ – Free

Haliburton

Haliburton Sculpture Forest – 297 College Drive, Haliburton, ON K0M 1S0 – https://www.haliburtonsculptureforest.ca/about – Free/By donation

Hamilton

Art Gallery of Hamilton – 123 King Street West, Hamilton ON, L8P 4S8 – https://www.artgalleryofhamilton.com/ – FREE on Thursdays (tickets/registration required)

McMaster Museum of Art – Alvin A. Lee Bldg, University Ave, McMaster University, 1280 Main St W, Hamilton, Ontario L8S 4L6 – https://museum.mcmaster.ca/ – Free/By donation

Jordan & Vineland

Lincoln Museum and Cultural Centre – 3800 Main Street, Jordan, Ontario L0R 1S0 – https://lincolnmuseum.ca/visit – Free/By donation

Kitchener-Waterloo

Canadian Clay & Glass Gallery – 25 Caroline Street North, Waterloo, Ontario, N2L 2Y5 – https://www.theclayandglass.ca/ – Free

Homer Watson House & Gallery – 1754 Old Mill Road, Kitchener, ON N2P 1H7 – https://www.homerwatson.on.ca/visit/plan-your-visit/ – Free/By donation

London

Eldon House – 481 Ridout Street North, London, Ontario, N6A 2P6 – https://eldonhouse.ca/visit-us/ – Free/By donation

Markham

Varley Art Gallery – 216 Main Street Unionville, Markham, Ontario, L3R 2H1 – https://varleyartgallery.ca/about-us/ – Free

Newmarket

Elman W. Campbell Museum – 134 Main Street South, Newmarket, Ontario L3Y 3Y7 – https://www.newmarket.ca/ThingsToDo/Pages/Recreation%20and%20Culture/Elman%20W.%20Campbell%20Museum/About-Us.aspx – Free

Niagara Falls

Battle Ground Hotel Museum (open May to August) – 6137 Lundy’s Lane, Niagara Falls, Ontario – https://nfexchange.ca/museum/visit-the-niagara-falls-museums/battle-ground-hotel-museum – Free

Botanical Gardens Niagara – 2565 Niagara Parkway, Niagara Falls, L2E 2S7 – https://www.niagaraparks.com/visit/nature-garden/botanical-gardens-2/ – Free

Norfolk County

Delhi Tobacco Museum & Heritage Centre – 200 Talbot Road, Delhi Ontario – https://norfolkheritage.ca/visit/hours-locations/ – Free/By donation

Port Dover Harbour Museum – 44 Harbour Street, Port Dover ON (on the banks of the Lynn River, behind Tim Hortons) – https://norfolkheritage.ca/visit/hours-locations/ – Free/By donation

Waterford Heritage & Agricultural Museum – 159 Nichol Street, Waterford ON – https://norfolkheritage.ca/visit/hours-locations/ – Free/By donation

Perth

Perth Museum – 11 Gore St E, Perth, ON K7H 1H4 – https://www.perth.ca/visit-us/what-to-do/perth-museum/ – Free/By donation

Peterborough

Art Gallery of Peterborough – 250 Crescent St, Peterborough, ON K9J 2G1 – https://agp.on.ca/visit/hours-admission/ – Free/By donation

Toronto

Etobicoke Civic Centre Art Gallery & Ascent Gallery – 399 The West Mall, Etobicoke, ON M9C 2Y2 – https://www.toronto.ca/explore-enjoy/history-art-culture/cultural-centres-galleries/etobicoke-civic-centre-art-gallery/ – Free

Fort York National Historic Site – 250 Fort York Blvd., Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/fort-york-national-historic-site/ – Free

Toronto Botanical Garden – 777 Lawrence Ave E, Toronto, ON M3C 1P2 – https://torontobotanicalgarden.ca/ – Free

Harbourfront Centre – 235 Queens Quay West, Toronto ON M5J 2G8 – https://harbourfrontcentre.com/explore/ – while some events are ticketed and cost money, the following are free: exhibits in the Craft & Design corridor inside the Main Building; Gallery 235

Nathan Phillips Square & City Hall – 100 Queen St. W, Toronto – both City Hall and the Square contain public art like the Spirit Garden, Peace Garden and Sculpture Court, Podium Green Roof, and well as seasonable activities like skating

Spadina Museum – 285 Spadina Road, Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/spadina-museum/ – Free

Gibson House Museum – 5172 Yonge St., Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/gibson-house-museum/ – Free

Scarborough Museum – 1007 Brimley Road, Scarborough – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/scarborough-museum/ – Free

Todmorden Mills – 67 Pottery Road, Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/todmorden-mills/ – Free

Colborne Lodge – 11 Colborne Lodge Dr., Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/colborne-lodge/ – Free

Montgomery’s Inn – 4709 Dundas Street West, Toronto – https://www.toronto.ca/explore-enjoy/history-art-culture/museums/montgomerys-inn/ – Free

Osgoode Hall (Audio Tours year-round, guided tours in summer) – 130 Queen Street West
Toronto, ON M5H 2N6 – https://lso.ca/about-lso/osgoode-hall-and-ontario-s-legal-heritage/visit-us – Free

Refugee FAQs: Do Refugee Claimants in Canada Receive Social Assistance?

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Refugee claimants are entitled to social assistance in most Canadian provinces and territories.

Refugee claimants are entitled to social assistance in most Canadian provinces and territories. They must have started their refugee claim, and generally must have an “Acknowledgement of Claim” letter or a “Refugee Protection Claimant Document”. This is required by international law,1 and is arguably required by Canadian law (which does not provide for a right to social assistance per se,2 but requires that benefits which are extended by extended in a non-discriminatory manner3).

Social assistance is low – below the poverty line – for everyone in all provinces and territories. Refugee claimants would receive the same amount as any other Canadian permanent resident or citizen (based on family size, expenses, assets, etc).

  • Alberta
    • Refugee claimants and appellants are entitled to social assistance4
    • Social assistance is about 39%-68% poverty for recipients without a disability5,6
  • British Columbia
    • Refugee claimants and appellants are entitled to social assistance7
    • Social assistance is between 46-70% of poverty for recipients8
  • Manitoba
    • Refugee claimants appear to be eligible for social assistance; however, this is not clearly or explicitly stated in law or policy
    • Social assistance is between 43-70% of poverty for recipients9
  • New Brunswick
    • Refugee claimants are entitled to social assistance10
    • Social assistance is between 34%-64% of poverty for recipients11
  • Newfoundland
    • Refugee claimants are entitled to social assistance12
    • Social assistance is between 46%-69% of poverty for recipients13
  • Northwest Territories
    • Refugee claimants are entitled to social assistance14
    • Social assistance is between 75%-81% of poverty for recipients15
  • Nova Scotia
    • Refugee claimants are entitled to social assistance16
    • Social assistance is between 32%-63% of poverty for recipients17
  • Nunavut
    • Refugee claimants appear to be eligible for social assistance; however, this is not clearly or explicitly stated in law or policy
    • Social assistance is between 27%-41% of poverty for recipients18
  • Ontario
    • Refugee claimants and appellants are entitled to social assistance19
    • Social assistance is between 36%-60% of poverty for recipients20
  • Prince Edward Island
    • Refugee claimants do not appear to be eligible for social assistance
    • Social assistance is between 69%-96% of poverty for recipients21
  • Quebec
    • Refugee claimants and appellants are entitled to social assistance22
    • Social assistance is between 60%-92% of poverty for recipients23
  • Saskatchewan
    • Refugee claimants do not appear to be eligible for social assistance24
    • Social assistance is between 48%-67% of poverty for recipients25
  • Yukon
    • Refugee claimants do not appear to be eligible for social assistance26
    • Social assistance is between 71%-99% of poverty for recipients27
  1. Universal Declaration of Human Rights, U.N.G.A. Res. 217 (III), 3 U.N. GAOR, Supp. (No. 13) 71, U.N. Doc. A/810 (1948), Article 25: “Every one has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control.”; International Covenant on Civil and Political Rights, CTS 1976/47, 993 UNTS 3, Article 9: “The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.”; Convention relating to the Status of Refugees (adopted July 28, 1951, entered into force April 22, 1954) 189 UNTS 137, Article 23: “The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.” ↩︎
  2. Gosselin v. Québec (Attorney General), 2002 SCC 84 (CanLII), [2002] 4 SCR 429, https://canlii.ca/t/1g2w1. ↩︎
  3. See e.g. Canadian Doctors For Refugee Care v. Canada (Attorney General), 2014 FC 651 (CanLII), [2015] 2 FCR 267, https://canlii.ca/t/g81sg. ↩︎
  4. Alberta, “Refugees and Refugee Claimants”, Income and Employment Supports Policy Manual, last updated 11 March 2020, online: https://manuals.alberta.ca/income-and-employment-supports-policy-manual/income-support-program/etw-and-bfe-policy-procedures/03-special-groups/refugees-and-refugee-claimants/. ↩︎
  5. Jennefer Laidley and Mohy-Dean Tabbara (Maytree Foundation), Welfare in Canada, 2023 (Toronto: Maytree, 2024); data tables available online: https://maytree.com/changing-systems/data-measuring/welfare-in-canada/all-canada/#access-to-data; Table 3, “Adequacy of welfare income” [Maytree, 2023 “Adequacy of welfare income”]. ↩︎
  6. There are several ways of calculating “poverty”. The figures quoted here are from the “Multi Basket Measure” or MBM. ↩︎
  7. British Colombia, “Refugee Claimants or Persons Applying for Protection”, in “Citizenship and Residency Requirements”, in “Application & Intake”, in BC Employment & Assistance Policy & Procedure Manual, last updated 13 December 2019, online: https://www2.gov.bc.ca/gov/content/governments/policies-for-government/bcea-policy-and-procedure-manual/application-and-intake/citizenship-requirements. ↩︎
  8. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  9. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  10. New Brunswick, “1.9 – Immigrants”, in “Applicant and Client Types”, in Social Assistance Policy Manual, n.d., online: https://www2.gnb.ca/content/gnb/en/departments/social_development/policy_manual/applicant_and_clienttypes/content/immigrants.html. ↩︎
  11. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  12. Newfoundland and Labrador, Income and Employment Support, Policy and Procedure Manual, Chapter 2: Eligibility, (ii) Determining Eligibility – Non Canadians, revised 4 December 2024, online: https://www.gov.nl.ca/cssd/policymanual/files/policymanual-pdf-is-elig-non-canadians.pdf. ↩︎
  13. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  14. Income Assistance Regulations, NWT Reg 038-2023, s. 3, online: https://canlii.ca/t/569vm. ↩︎
  15. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  16. Nova Scotia, Policy Manual, Employment Support and Income Assistance, revised 1 November 2024, section 5.3.5, online: https://novascotia.ca/coms/employment/documents/ESIA_Program_Policy_Manual.pdf. ↩︎
  17. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  18. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  19. Ontario, Ontario Works policy directives, “3.1 Residency requirements”, last updated December 2021, online: https://www.ontario.ca/document/ontario-works-policy-directives/31-residency-requirements. ↩︎
  20. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  21. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  22. Individual and Family Assistance Regulation, CQLR c A-13.1.1, r. 1, s. 47, https://canlii.ca/t/1146#sec47. ↩︎
  23. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  24. Saskatchewan, Saskatchewan Income Support (SIS), n.d., online: https://www.saskatchewan.ca/residents/family-and-social-support/financial-help/saskatchewan-income-support-sis#eligibility. ↩︎
  25. Maytree, 2023 “Adequacy of welfare income”. ↩︎
  26. Yukon, “Who can receive social assistance?” in “Apply for social assistance”, n.d., online: https://yukon.ca/en/legal-and-social-supports/supports-adults-and-seniors/apply-social-assistance. ↩︎
  27. Maytree, 2023 “Adequacy of welfare income”. ↩︎

December 2024 Update: When Will I Have My Refugee Hearing?

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In November 2024, the government updated their figures to indicate that the average wait time was about 44 months and expected to increase.1

For 2022-2023, the Refugee Board reports that it finalized 80% of cases within 36-37 months (three years).2 The average wait-time as of April 2023 was 22 months.3

This is the wait time from the referral to the Refugee Board, namely when you received your “Refugee Protection Claimant Document” (“brown paper”) or submitted your Basis of Claim Form, not your arrival in Canada.

However, please note that an assessment from August 2024 suggests that it would take the Refugee Board four years to hear all the cases currently before it.4

There is almost nothing that can be done to “speed up” your hearing process. Once a about a year has elapsed, counsel may begin writing to the Refugee Board with reminders, mainly to confirm the file is still in the queue.

To prevent delays, make sure to update your contact information with counsel, review the documents submitted to the immigration authorities, make sure your evidence is legibly scanned and translated or provided to counsel for translation. You may also want to take a Ready Tour,5 to get a sense of what the hearing will be like.

  1. David Baxter, “Miller to propose more changes to immigration and asylum system”, The Canadian Press / CBC News, 25 November 2024, online: https://www.cbc.ca/news/politics/miller-changes-immigration-asylum-1.7393121; Canada, Parliament, House of Commons, Standing Committee on Citizenship and Immigration, Minutes of Proceedings and Evidence, 44th Parl, 1st Sess (7 November 2024), online: https://www.ourcommons.ca/documentviewer/en/44-1/CIMM/meeting-114/evidence. ↩︎
  2. Canada, Immigration and Refugee Board, 2022 to 2023 Departmental Results Report, 2023, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx; Canada, Immigration and Refugee Board, Immigration and Refugee Board of Canada 2024 to 2025 Departmental plan, 2024, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx. ↩︎
  3. Canada, Immigration and Refugee Board, Immigration and Refugee Board of Canada 2024 to 2025 Departmental plan, 2024, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx. ↩︎
  4. Nicholas Keung, “Canada’s refugee system is overwhelmed by skyrocketing claims. What can Ottawa do to reduce backlogs?”, The Toronto Star, 1 August 2024, online: https://www.thestar.com/news/gta/canadas-refugee-system-is-overwhelmed-by-skyrocketing-claims-what-can-ottawa-do-to-reduce-backlogs/article_9d6c7c28-4b83-11ef-8ced-83f07793a559.html. ↩︎
  5. https://myrefugeeclaim.ca/en/ready-tours/ ↩︎

CBSA Issues Suspension of Removals to Lebanon

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On September 27, 2024, CBSA announced an administrative deferral of removals to Lebanon (ADR).

This is a general stay against removals to Lebanon under s. 230 of the immigration Regulations. It does not apply to persons who are inadmissible on security grounds, grounds of violating human or international rights, sanctions, grounds of serious or transborder criminality, organized criminality, or exclusion under the Refugee Convention.

The other places under an ADR are certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, Haiti, Iran, and Sudan.

As yet, there are no specific programs in place for nationals (citizens) or residents of Lebanon. However, remaining in Canada when there is an ADR preventing removal can be grounds for a work permit under s. 206(1)(b) of the Regulations.

Legal Aid Certificates Reminder

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If your case is covered by a Legal Aid Ontario certificate, it is your responsibility to make sure that your certificate remains valid and up-to-date.

If you receive a communication from Legal Aid, you must respond to it promptly.

Your lawyer cannot bill Legal Aid for their services – and will have to bill you – if your certificate is cancelled or invalidated.

However, as long as you do have a certificate, your lawyer cannot accept any money from you, or from a third party, about your case.

August 2024 Update: When Will I Have My Refugee Hearing?

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For 2022-2023, the Refugee Board reports that it finalized 80% of cases within 36-37 months (three years).1 The average wait-time as of April 2023 was 22 months.2

This is the wait time from the referral to the Refugee Board, namely when you received your “Refugee Protection Claimant Document” (“brown paper”) or submitted your Basis of Claim Form, not your arrival in Canada.

However, please note that an assessment from August 2024 suggests that it would take the Refugee Board four years to hear all the cases currently before it.3

There is almost nothing that can be done to “speed up” your hearing process. Once a about a year has elapsed, counsel may begin writing to the Refugee Board with reminders, mainly to confirm the file is still in the queue.

To prevent delays, make sure to update your contact information with counsel, review the documents submitted to the immigration authorities, make sure your evidence is legibly scanned and translated or provided to counsel for translation. You may also want to take a Ready Tour,4 to get a sense of what the hearing will be like.

  1. Canada, Immigration and Refugee Board, 2022 to 2023 Departmental Results Report, 2023, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx; Canada, Immigration and Refugee Board, Immigration and Refugee Board of Canada 2024 to 2025 Departmental plan, 2024, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx. ↩︎
  2. Canada, Immigration and Refugee Board, Immigration and Refugee Board of Canada 2024 to 2025 Departmental plan, 2024, online: https://www.irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx. ↩︎
  3. Nicholas Keung, “Canada’s refugee system is overwhelmed by skyrocketing claims. What can Ottawa do to reduce backlogs?”, The Toronto Star, 1 August 2024, online: https://www.thestar.com/news/gta/canadas-refugee-system-is-overwhelmed-by-skyrocketing-claims-what-can-ottawa-do-to-reduce-backlogs/article_9d6c7c28-4b83-11ef-8ced-83f07793a559.html. ↩︎
  4. https://myrefugeeclaim.ca/en/ready-tours/, ↩︎

If you are planning to make a refugee claim at the US-Canada border

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DO

Before coming to border

  • Make sure you are eligible and that you have the documents to prove it! See Family Member Exception to the STCA
  • If at all possible, fill out the following forms1 before arriving at the CBSA offices:
  • If it is not possible to fill out the forms, be prepared to provide the following information correctly
    • Your name, and any nicknames, spelling variations, or past names
    • Your marital status, past and present
    • Your contact information
    • Your passport information
    • Any recent periods living in a country where you were not a citizen
    • You secondary and post-secondary studies, including vocations or trades, and including things you did not complete
    • What you have been doing, and where, for the last ten years: if employed, who was your employer; if working, what kind of work and where; with start- and end-dates
    • The details of any police or military service, mandatory or voluntary
    • Your involvement at any level with any sort of organization (including student organizations, unions, churches, etc)
    • Your lifetime history of work of any kind for any level of government
    • Your addresses for the last 10 years
    • Your immigration history (applications made, refused or granted)
    • Whether you have been detained (even if you were not arrested or charged), with dates and locations
    • Your exact route to Canada
  • Tell a friend or family member in Canada when you are coming, so someone is aware if you don’t make contact
  • Make good-quality scans of all your important documents, and save them to a cloud platform or send them to someone you trust
  • If you cannot travel with them, arrange to have any other original identity documents sent by secure mail to someone you trust in Canada
  • Do not destroy any travel documents – real or false – before arrival

Upon arrival

  • Tell the Canada Border Services Agency (CBSA) officers that you are making a refugee claim
  • Tell them if you need an interpreter, and what specific language and dialect interpreter you need – if at any point you do not understand the interpreter, you must say so!
  • Try to be pleasant, patient, and cooperative, but know your rights and insist on them
  • If you would be more comfortable, ask to be interviewed by an officer of the same sex/gender
  • Expect to wait a long time for your identity to be verified and the paperwork to be done so you can be released
  • Expect to be photographed and fingerprinted
  • Expect to have your identity documents seized
    • CBSA must give you a certified copy, and a “Notice of Seizure” for each document
  • Tell the officials if you are hungry, thirsty, have to use the washroom or have any medical needs
    • At various points you will be asked about whether you have any medical issues – no medical issue will be held against you in a refugee claim, so be honest
  • Tell the truth about who you know in Canada and who you plan to stay with (if anyone)
  • Be very clear about names and family relationships – terms like “aunt”/”uncle” and “brother”/”sister” do not always translate properly
  • If asked to write out the reason you are making a refugee claim in your own language, include the fact that it is a summary, that you do not have access to any documents, and note where you are not sure about dates or details
  • Be honest – but also explain that you do not know the answer if you do not know – when asked about how you traveled to Canada, what documents were used, and how arrangements were made
    • Under most circumstances, a refugee cannot be punished for using improper means to reach safety as long as they are truthful about it as soon as they know they are safe

NOTE: CBSA cannot release you until they are satisfied about your identity. In some cases, this may mean that they feel they have to detain you until, for example, they are able to receive your genuine identity documents. This is unpleasant, but it does not change the fact that you are a refugee claimant. You will be fed and housed. You will receive medical treatment where necessary. Your detention will be reviewed by a tribunal within 48 hours, 7 days, and 30 days, and then every 30 days. You will be allowed to continue your refugee claim.

DON’T

  • Be intimidated by CBSA uniforms
  • Lie to CBSA officials
  • Try to bribe CBSA officials – this is a serious crime in Canada
  • Destroy identity documents
  • Take advice from interpreters (unless they are interpreting for a lawyer or other authorized representative) or human smugglers
  • Agree that information is correct when it isn’t
  • Give incomplete answers in order to try to make the process faster or more simple
  • Say that you understand an interpreter when you don’t
  • Sign anything you don’t understand
  1. The forms will need to be opened in Adobe Reader, which is a free program. ↩︎

When will my refugee hearing be scheduled?

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Your refugee hearing will be scheduled at the discretion of the Refugee Protection Division (RPD), generally between 8 to 24 months after you receive your Refugee Protection Claimant Document or “brown paper”. Nothing can be done to speed this process up, but your counsel may, from time to time, remind the RPD of how long you have been waiting.

The Refugee Protection Board’s current target for completing cases is that 80% of cases will be finalized within 36 months or less. The most recent results are that 80% of cases are finished within 37 months.1 The average wait time when last calculated (April 2023) was 22 months.2 This means that a wait of 2-3 years is perfectly normal.

Although the Act,3 Regulations,4 and Rules5 state that your hearing will be scheduled at your eligibility interview, and that it will be held within as little as two months, this has never been the usual case.

  1. Canada, Immigration and Refugee Board, 2022 to 2023 Departmental Results Report, https://irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx#s31, see under “Results Achieved”. ↩︎
  2. Canada, Immigration and Refugee Board, 2022 to 2023 Departmental Results Report, https://irb-cisr.gc.ca/en/reports-publications/planning-performance/Pages/departmental-results-report-2223-r.aspx#s31, see under FN 2. ↩︎
  3. Immigration and Refugee Protection Act, SC 2001, c. 27, s. 100(4.1), https://canlii.ca/t/7vwq#sec100. ↩︎
  4. Immigration and Refugee Protection Regulations, SOR/2002-227, s. 159.9, https://canlii.ca/t/7xsp#sec159.9. ↩︎
  5. Refugee Protection Division Rules, SOR/2012-256, s. 3, https://canlii.ca/t/8r6d#sec3. ↩︎