Processing in-Canada claims for refugee protection: Post-interview processing and final decision

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Eligible claims

Determine the hearing date

Due in part to recent changes in Immigration Refugee Board (IRB) Refugee Protection Division (RPD) scheduling practices, interim measures have been put in place. Immigration, Refugees and Citizenship Canada and Canada Border Services Agency staff who process refugee claims are required to issue a new Confirmation of Referral document, which does not contain a hearing date, upon referral to the RPD, and to cease issuing a Notice to Appear for a Hearing (NTA), effective August 29, 2018. In these cases, the claimant will receive the NTA directly from the IRB.

Like the NTA, the Confirmation of Referral contains important information for claimants, including the deadline for submission of the Basis of Claim form and the basis of claim abandonment special hearing date (for port of entry claimants), and other important information regarding IRB processing of refugee claims.

Update systems

Enter the following into the Global Case Management System (GCMS) screens:

  • Basis of Claim abandonment dateFootnote 1 (only for claims at a port of entry)
  • RPD hearing location that is close to the claimant’s city of destination or residency

Once all of the required information has been entered into the system, the Confirmation of Referral will contain the hearing location. In port of entry cases, the Confirmation of Referral will also contain the following:

  • a notification that claimant has 15 days to submit the Basis of Claim form to the RPD, and
  • the date of special (abandonment) hearing, if the claimant does not submit their Basis of Claim form on time

The officer must also:

  • indicate in GCMS if the claimant is an unaccompanied minor, or if the claimant has any special needs [RPD Rule (20)(1)]
  • indicate if an interpreter is required
  • flag the file for possible intervention, if warranted
  • if not already done, initiate clearances by checking the “Screening” checkbox, on the “Application” screen and updating the security screening REF-CLM activity to “Submit” for all claimants 18 years and older
  • the officer may refer a person younger than 18 years of age for security screening, if necessary (the officer must add a note with reason or NSSD will reject)
  • review the A44(1) Report, record the Minister’s delegate decision in GCMS
  • impose conditions on all claimants; these conditions are outlined in the Acknowledgment of Conditions form [BSF 821], which must be signed by both the officer and the claimant
  • counsel the claimant about what the eligibility decision means
  • issue a medical report [IMM 1017] (if not already done)
  • confirm the refugee protection claimant document (RPCD) in GCMS
  • finalize the examination case in GCMS
  • scan the following documents and save them to GCMS:

If the claimant is not applying by using the IRCC Portal or CRPP, the following documents should be scanned and uploaded into GCMS:

If a redetermination is necessary, refer to the following process.

Ineligible claims

Steps for ineligible claims

  • Enter the required information in GCMS.
  • Enter all applicable ineligibility grounds in the system (be careful not to select paragraph A101(1)(c) instead of paragraph A101(1)(c.1)).
  • Determine the client’s eligibility for a pre-removal risk assessment (PRRA) based on the PRRA bar guidelines.
  • If the person is ineligible and not entitled to a PRRA, print the decision on generic non-secured document [IMM 5292].
  • If the person is entitled to a PRRA, generate and print the applicable RPCD.
  • Impose conditions: These conditions are outlined in the Acknowledgment of Conditions form [BSF 821], which must be signed by both the officer and the claimant. If the claimant is not being detained, a key condition should be the requirement to report to the CBSA (at which time the claimant may be invited to apply for a PRRA, if entitled to do so).
  • Forward the file to the local CBSA office, if applicable.
  • In GCMS, initiate clearances by checking the Screening checkbox on the Application screen (if not already done).
  • Background information on all claimants (18 years and older) must be sent for security screening (if not already done)—except for cases that are found ineligible under paragraph A101(1)(e) (Safe Third Country Agreement provision).
  • The officer may refer a person younger than 18 years of age for security screening, if necessary.
  • Generate the A44 report.
  • Minister’s delegate reviews the A44 Report. If they concur, they generate the removal order. When a claim is ineligible under the Safe Third Country Agreement [A101(1)(e)], the removal order comes into force the same day [A49(2)(a)], even if the claim is also ineligible on other grounds.
  • Input information into Support System for Intelligence (SSI). For more information on SSI see section 7.6 of ENF 30.

Distribution of documents to claimant and IRB

Documents to be given to all claimants

Give copies of the following documents to the claimant:

  • Basis of Claim form.

Provide the following additional documents when applicable and counsel the claimant about them and the meaning of the eligibility decision:

  • A44(1) Report
  • identity documents: certified true copies of all genuine identity documents that were seized
  • Notice of Seizure of Travel and/or Identity Document(s) (BSF 698) (if not already done at an earlier time)
  • Search/Arrest Report [BSF 667];
  • contact information for non-governmental organization (NGO) and the office of United Nations High Commissioner for Refugees (UNHCR)
  • Refugee Protection Claimant Document (RPCD)
  • Medical report form [IMM 1017] (if not already provided)
  • Removal order
  • Acknowledgement of conditions [BSF 821]
  • Interpreter declaration [IMM 1265]
  • Information pamphlet for refugee claimants (PDF, 74.7 KB)
  • for IRCC claims, the GCMS ATIP report on any TRV application
  • for IRCC claims, the GCMS ATIP report on the most recent TRV application, or the TRV application form if it is on file in GCMS and less than two-years-old, instead of an ATIP report
  • completed, signed, and dated Checklist – Documents Provided to Refugee Claimant(s) [IMM 5780 ]
  • interview notes (saved as a document in GCMS) (if applicable)

If the claimant is not applying by using the IRCC Portal or CRPP, the following documents should be provided. The following documents should be scanned and uploaded into GCMS and originals returned to the client:

Documents to be given to eligible claimants

  • The IRB Claimant’s Kit
    • Those whose claims are eligible must be given an IRB Claimant’s Kit, which is provided by the IRB, or referred to the IRB’s Claimant's Kit Web page.
    • The kit contains a Notification of Contact Information form. This form is completed if the claimant is unable to give a permanent address when they complete their forms or in the case of change of address. It may be submitted after the 10-day limit.

The officer must:

  • give a copy of documents to the claimant and copies on file
  • ask the client to check that information in the RPCD is correct.
  • correct any errors in GCMS

Documents to be sent to the IRB for eligible claimants

These documents should be shared with the applicable RPD office:

  • Client Application Summary PDF (IRCC Portal claims)
  • Online Refugee Claim Amendment Form (if applicable)
  • Basis of Claim form, plus any additional submissions
  • Confirmation of Referral
  • visa application file (application forms or ATIP report) (IRCC only) (Integrated Claim Analysis Centre to provide for cases to be heard in Central Region [Toronto IRB])
  • Notice of Seizure of Travel and/or Identity Document(s) (BSF 698)
  • copies of seized documents (genuine and fraudulent)
  • biometrics photograph (or scanned photograph if no biometrics)
  • completed, signed, and dated Checklist – Documents Provided to Refugee Claimant(s) [IMM 5780]
  • interview notes (saved as a document in GCMS) (if applicable)
  • any other documents submitted

If the claimant is not using the IRCC Portal or CRPP, the following documents should be sent:

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