Updated: Temporary Public Policy to exempt prospective refugee claimants, in Canada, from the requirement to make a claim to an officer, in person, subsequent alternative service delivery model

Background

On March 17, 2020, given concerns about the spread of COVID-19, Immigration, Refugees and Citizenship Canada’s (IRCC) inland offices scaled down their services to the public, to minimize the risks to employees and clients, in line with direction regarding social distancing from Canadian public health authorities.

This effectively means that foreign nationals in Canada would be unable to make a refugee (asylum) claim “to an officer” in person, as required by subsection 99(3) of the Immigration and Refugee Protection Act (IRPA).

An alternative service delivery model was put in place to continue to allow refugee claims to be made in Canada during this time, without the need for the claimant to make the claim “to an officer” in person.

On April 9, 2020, the Minister of Immigration, Refugees and Citizenship approved a public policy where a person seeking asylum was required to submit their claim via an e-post alternative service delivery model in order to be exempted from the requirement to make such a claim in person to an officer.

This new temporary public policy replaces the above mentioned public policy and requires that all inland claims for refugee protection under subsection 99(3) of the Immigration and Protection Act must be submitted via the new online Canadian Refugee Protection Portal and provide the information specified by the Department, in order to benefit from the exemption to make a refugee claim in person.

Public Policy Considerations

One of the requirements of subsection 99(3) of the IRPA is that a foreign national in Canada seeking asylum must do so by making a claim for refugee protection to an officer.

This Temporary Public Policy to exempt foreign nationals who are in Canada from the requirement to make a claim to an officer in person recognizes the importance of minimizing the risks to employees and clients, while ensuring that Canada is able to continue receiving refugee claims.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act, there are public policy considerations that justify the granting of an exemption from the requirement of subsection 99(3) of the IRPA that asylum seekers in Canada make a refugee claim to an officer, in person, to those foreign nationals who comply with all below-described conditions.

Conditions (Eligibility Criteria)

Based on public policy considerations, officers may grant an exemption, from the obligation of the IRPA described below, to foreign nationals (prospective refugee claimants) who meet the following criteria:

The claim for refugee protection must be made as required by subsection 99(1) of the IRPA.

The claim must be made by using Immigration, Refugees and Citizenship Canada’s Canadian Refugee Protection Portal and providing the information specified by the department.

The foreign national must comply with all the applicable requirements of the Immigration and Refugee Protection Act (IRPA) and Regulations including those of subsection 99(3) of IRPA that the foreign national must be inside Canada and must not be subject to a removal order.

Obligation of the Act for which an exemption may be granted

• The requirement contained in subsection 99(3) of the IRPA that the claim for refugee protection be made to an officer.

Start Date and End Date

This public policy applies to claims for asylum made in Canada as of the date on which the Canadian Refugee Protection Portal is launched and will apply until it is revoked by the Minister.