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 GCMS screens:

  • Basis of Claim (BOC) abandonment dateFootnote 1 (only for claims at a port of entry)
  • RPD hearing location, based on where the claimant wants their hearing to be

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 BOC form to the RPD, and
  • the date of special (abandonment) hearing, if the claimant does not submit their BOC 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 (PDF, 1,259 KB)], 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); there is no need to affix a photo to the IMM 1017 form, as the client is instructed to take both their Refugee Protection Claimant Document (RPCD) and photos to the panel physician (for identity verification purposes)
  • confirm the 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 Canadian Refugee Protection Portal, the following documents should be scanned and uploaded into GCMS instead of the Record of submission PDF:

Do a redetermination if necessary.

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] (available internally or printable from GCMS), 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).
  • Background information on all claimants (18 years and older) must be sent for security screening—except for cases that are found ineligible under paragraph A101(1)(e) (safe third country 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 provision [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, IRB and file

Documents to be given to all claimants

Give copies of the following documents to the claimant:

  • Basis of Claim form.

If the claimant is not applying by using the Canadian Refugee Protection Portal, the following documents should be provided instead of the Record of submission PDF. The following documents should be scanned and uploaded into GCMS and originals returned to the client:

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 [IMM 5265] (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
  • for IRCC claims, the GCMS ATIP report on any TRV application

Documents to be given to eligible claimants

  • The IRB “Claimant’s kit”
    • The kit contains a “Notification of Contact Information” form. This form is completed if the claimant is unable to give an address when they complete their forms or in the case of change of address. It may be submitted after the 10-day limit.

Give a copy of documents to the claimant and copies on file, and 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 using Connect:

If the claimant is not using the Canadian Refugee Protection Portal, the following documents should be sent in lieu of the Record of submission PDF:

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