Processing in-Canada refugee claims: Special claimant types

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

Some refugee claimants are processed differently if they hold a particular status already, are from a particular country, or make a claim in a specific way: 

designated countries of origin

Effective May 17, 2019, Canada eliminated the designated country of origin (DCO) list. DCOs are countries that do not normally produce refugees. Such countries are widely regarded as respectful of human rights and offer state protection. Claimants on the DCO list were previously subject to a 6-month bar on work permits, a bar on appeals at the Refugee Appeal Division, limited access to the Interim Federal Health Program and a 36-month bar on the Pre-Removal Risk Assessment. The removal of all countries from the DCO list is a Canadian policy change, not a reflection of a change in country conditions in any of the countries previously on the list.

refugee claimants with valid temporary resident status

A person with valid temporary resident status may make a refugee claim and keep their visitor record, work permit or study permit. Work and study permits remain valid until they expire or until a removal order made against the permit holder comes into force.

Temporary residents may, like other refugee claimants, be considered inadmissible for seeking to remain in Canada permanently while not in possession of a permanent resident visa, [A41(a) plus A20(1)(a)].

holders of valid temporary resident permits

Determine whether the claim is eligible for referral to the RPD. As long as the temporary resident permit (TRP) remains valid, it is not necessary to prepare an A44 report or a removal order. When the TRP expires, the A44 report and removal order should be written and given to the claimant.

claimants eligible for sponsorship by family members in Canada

A claimant may have a family member in Canada who is eligible to sponsor them. You may notify claimants of the sponsorship option.

Initiation of a sponsorship does not prevent a person from making or continuing with a refugee claim. A claim may be withdrawn if the claimant becomes a permanent resident as a result of the sponsorship.

If a claimant who is notified of a sponsorship option decides to proceed only with the sponsorship before front-end screening is concluded, follow withdrawal procedures of the refugee claim. Counsel the claimant about the consequences of withdrawal of the claim.

foreign representatives

Foreign representatives include the following:

  • diplomatic agent (diplomat);
  • consular officer (career consular officer);
  • member of the administrative and technical staff, consular employee or member of the service staff of a foreign country;
  • international civil servant [representative or official of the United Nations or any of its agencies; of an international or intergovernmental organization of which Canada is a member; or personnel of other offices accredited by Global Affairs Canada (GAC)];
  • state member delegate to the International Civil Aviation Organization (ICAO), such as a permanent representative, an alternate representative, a technical advisor or counsellor;
  • member of the administrative and technical staff or member of the service staff of the delegation of a country an international organization; and
  • family members and private domestic workers of the above individuals.

Foreign representatives, including visa-exempt nationals, are issued a fee-exempt multiple-entry visa, coded D-1 or O-1. Family members of foreign representatives normally have the same code on their counterfoil as the head of the family. Once the foreign representative has travelled to Canada and presented their passport to GAC’s protocol unit, they are issued a “Certificate of Accreditation” counterfoil by GAC that is affixed to their passport, which authorizes further travel to Canada for the period of its validity. The “Certificate of Accreditation” is not linked to GCMS.

For more information about who is, and who is not a foreign representative contact the Office of Protocol of Global Affairs Canada (GAC).

When someone identifies themselves as a foreign representative and makes a refugee claim, the following steps should be followed:

  • The claimant’s foreign accreditation must be cancelled before the eligibility interview. The claimant may contact the GAC Office of Protocol directly or may provide written authorization to IRCC/CBSA to do so.
  • If not already done by GAC, seize both the:
    • diplomatic and/or personal passport(s) or other document with the counterfoil;
    • diplomatic ID card.
  • The identity card must be returned to GAC. It is not necessary to return the passport(s) but the accreditation counterfoil should be cancelled without prejudice.
  • Request that the claimant complete a statutory declaration (IMM 1392B). It should include the identity of the person, their position and which government or agency they served and the fact that they want to relinquish their diplomatic accreditation. The claimant may decide whether or not to include information about the claim in the declaration. Send the declaration to GAC. The latter will not share information given by IRCC or the CBSA with the country in which the claimant has nationality.
  • Give the claimant certified true copies of all seized documents.
  • If the claimant says that a document has been lost or stolen ask them to get a police report and send a copy to IRCC.
  • Leave a note in the refugee claim application indicating that the foreign accreditation was cancelled by GAC, and upload the confirmation from GAC in incoming correspondence.

See more guidance on handling high-profile, complex, sensitive or contentious cases.

Claims made during the course of other immigration proceedings

The proceedings should be adjourned and the claimant should be referred to an officer delegated to process refugee claims. In addition, do the following:

  • If appropriate, advise the claimant that the immigration matter that was being considered is adjourned pending the outcome of the refugee eligibility examination.
  • Contact the responsible IRCC or CBSA inland office that accepts claims for refugee protection.
  • Give the claimant the relevant application information (instructions to apply online or on paper) and tell the claimant that they must appear at the designated inland office for a refugee eligibility examination when advised.
  • Tell the claimant that enforcement action may result if they do not report for their refugee eligibility examination.
  • Put a note in GCMS explaining what was done.
claims made during an admissibility hearing

If a person makes a refugee claim during an admissibility hearing (before a removal order is issued), the member will continue with the hearing including issuance of the removal order, if appropriate. A removal order issued to a refugee claimant is conditional [A49(2)]. Following the hearing refer the claimant to an officer designated to receive refugee claims.

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