The Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) hears and decides claims for refugee protection made in Canada.
Refugee protection can be granted in Canada if the
RPD determines that the claimant meets the United Nations definition of a
Convention refugee, which has been incorporated into Canadian law, or that the claimant is a
person in need of protection. Convention refugees are people who have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group. Membership in a particular social group can include sexual orientation, gender identity, being a woman, and
HIV status. Persons in need of protection must show that if they return to their country of nationality, they will face a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.
A claim for refugee protection can be made by speaking to an officer from the Canada Border Services Agency (CBSA) at any
port of entry upon arrival in Canada, or to an officer from Immigration, Refugees and Citizenship Canada or
CBSA at an
inland office.
The officer decides whether the claim is
eligible to be referred to the
IRB. If the claim is eligible, it is sent (“referred”) to the
RPD to start the claim for refugee protection process.