Glossary - Refugee Law
In Refugee Law
The Refugee Board can decide at a special hearing that a refugee claimant has “abandoned” their claim. This means that the claimant loses the right to make their claim. This could happen if a claimant does not follow all the rules about making a refugee claim. For example, if they do not file their Basis of Claim Form on time, do not show up for a hearing, or do not contact the Refugee Board when asked to do so.
In Immigration Law, Refugee Law
At an admissibility hearing, the Immigration Division of the Immigration and Refugee Board decides if a person is inadmissible to Canada. The Immigration Division decides this based on whether the person meets the legal requirements for the immigration status they want to get or keep.
An Immigration Division member looks at the evidence and decides whether the person:
- has the right to enter or remain in Canada, or
- should be ordered to leave.
For example, if a permanent resident is convicted of a serious crime, the Immigration Division can order that they be deported.
In Immigration Law, Refugee Law
The Refugee Protection Division (RPD) of the Immigration and Refugee Board makes a cessation order if it decides that a protected person no longer needs Canada’s protection. A cessation order can lead to a protected person being ordered to leave Canada.
If Canada Border Services Agency applies to the RPD for a cessation order, the protected person has the right to a hearing.
In Immigration Law, Refugee Law
A Convention refugee is someone who is outside their country and not able or not willing to return. This is because they have good reason to fear that they’ll be persecuted because of:
- race,
- religion,
- nationality,
- political opinion, or
- being a member of a particular social group.
In Criminal Law, Immigration Law, Refugee Law
A deportation order is a type of removal order, an order which requires someone to leave Canada. If you’re deported, you can’t return to Canada unless you get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
In Immigration Law, Refugee Law
Being deported means having to leave Canada because of a deportation order. A deportation order is a type of removal order. If someone is deported, they can’t return to Canada unless they get permission in writing from Immigration, Refugees and Citizenship Canada. This is called an Authorization to Return to Canada (ARC).
In Immigration Law, Refugee Law
Evidence is used to prove a fact or to persuade someone who’s making a decision, like an immigration officer or a member of the Immigration and Refugee Board. There are different types of evidence, for example:
- information witnesses give at a hearing
- documents, such as letters or reports
- photographs
If you make a refugee claim or an application to Immigration, Refugees and Citizenship Canada, you need to provide evidence to show why your claim or application should succeed.
Police and immigration authorities gather evidence when they think someone may have done something wrong or committed a crime. This type of evidence includes property they find when they’re doing a search and statements that people make.
In Refugee Law
Refugee law includes some situations where you will not be able to get refugee protection. This is called exclusion.
Your refugee claim will be excluded if the Minister believes one of the following exclusion issues apply to you:
- you don’t need Canada’s protection because you have protection in another country
- you don’t deserve protection because you may have committed a serious crime
- you don’t deserve protection because you broke human rights laws or there are other security concerns
The term “Minister” refers to either Canada’s Minister of Immigration, Refugees and Citizenship or the Minister of Public Safety and Emergency Preparedness.
In Immigration Law, Refugee Law
Sometimes people can apply to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent resident status based on what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for and want to help the person making the application. For example, a reason people often use is that they would face hardship if they had to return to their home country. They also explain that they’re established in Canada and have created a life here.
Another important factor is whether a child would be directly affected if the applicant had to return to their home country. This is because IRCC must consider what’s in the child’s best interests. It does not have to be the applicant’s child.
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
