CIMM – Approval rates by country of origin and mother tongue– November 18, 2022

Fairness in Canada’s Refugee Determination System

• Canada’s refugee determination system is recognized worldwide for the fairness of its proceedings and the quality of its decision-making. Canada’s asylum system is based on the principle of non-refoulement^{Footnote 1} and provides protection to persons who have a well-founded fear of persecution or are at risk of torture, or cruel, or unusual punishment in their countries of origin and/or habitual residence.
• All refugee claimants are subject to the same requirements, and their eligibility is assessed in accordance with the Immigration and Refugee Protection Act (IRPA). Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board (IRB), an independent quasi-judicial administrative tribunal that decides whether an individual is in need of Canada’s protection.
• All eligible refugee claimants receive a hearing before the Immigration and Refugees Board (IRB), in conformity of the law. Each case is decided on its merits, based on the evidence and arguments presented, by an IRB decision maker, in accordance with the law and the principles of fairness and natural justice.
• In order to ensure that they understand the proceedings, all refugee claimants have the right to be represented by counsel and the right to interpretation in their own language. Designated representatives are identified for all minor claimants.
• Special attention is paid to the circumstances of individuals who could be considered vulnerable, such as unaccompanied minors, women fearing gender-based violence, individuals whose ability to present their case before the IRB is impaired, and individuals facing harm related to sexual orientation or gender identity and expression. The IRB has a set of Guidelines designed to ensure that decision-makers proceed with these claims appropriately.
• Failed claimants have access to recourse and may be eligible to appeal to the Refugee Appeal Division (RAD) or file an application for leave for judicial review with The Federal Court.