Eligibility for referral of in-Canada claims to the IRB
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
General assessment guidelines
The claimant must prove that their claim is eligible to be referred to the Refugee Protection Division (RPD) of the IRB.
For the purpose of an eligibility determination, refugee claimants may make a claim against just one country, even if they have multiple nationalities. The RPD will assess the merits of the claim against each country of nationality. Refugee claim eligibility is determined during the eligibility examination.
In the absence of evidence that the person is ineligible, resolve eligibility in favour of the claimant.
If eligibility cannot be determined because the claimant may be inadmissible due to serious criminality, security, human/international rights violations or organized criminality, and as a result an A44 report is referred to the Immigration Division for an admissibility hearing, suspend the consideration on eligibility as per A100(2). If the claim has already been referred to RPD, suspend under A103(1).
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