Who
can qualify for it?
Convention
refugee
A
Convention refugee is a person who is outside of their country of nationality
or habitual residence and who is unable or unwilling to return to that
country because of a well-founded fear of persecution for reasons of
race, religion, political opinion, nationality or membership in a particular
social group.
Person in need of protection
A
person in need of protection is a person in Canada whose removal to
their country of nationality or former habitual residence would subject
them to the possibility of torture, risk to life, or risk of cruel and
unusual treatment or punishment.
Protected person
A
protected person can either be a Convention refugee or a person in need
of protection.
Cases Not Sent to the IRB:
The
following categories of persons are not eligible to have a claim referred
to the IRB:
Persons
recognized as Convention refugees by another country to which they can
be returned;
Persons already determined to be protected persons under the Immigration
and Refugee Protection Act or its regulations;
Persons who arrived in Canada, directly or indirectly, from a country
other than their country of nationality or former habitual residence
and designated by the Immigration and Refugee Protection Act regulations;
Persons who were determined to be inadmissible on grounds of security,
human rights violations, serious criminality or organized criminality;
Persons who had a previous refugee protection claim rejected by the
IRB;
Persons who had a previous refugee protection claim determined to be
ineligible for referral to the IRB; or
Persons who had a previous refugee protection claim withdrawn or abandoned.
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