An Information Guide. REFUGEE PROTECTION Important steps that you are legally obligated to follow as part of the refugee process

Similar documents
REFUGEE CLAIMANTS IN BRITISH COLUMBIA

Refugee Hearing Preparation: A Guide for Refugee claimants

PRESENTED BY FCJ Refugee Centre. Supported by Law Foundation s Access to Justice Fund

Grade 8 Social Studies Citizenship Test Part 1 Name Matching Shade in the box beside the BEST answer.

Handout 1: Graphing Immigration Introduction Graph 1 Census Year Percentage of immigrants in the total population

Claiming Refugee Protection Under the. Francisco Rico-Martinez (Co- Director) FCJ Refugee Center February 2013

Guide to the Private Sponsorship of Refugees Program

Citizenship and Immigration Canada. Private Sponsorship of Refugees. Program

Refugee Claimants in Canada

Private Sponsorship of Refugees Program

PRESENTED BY FRANCISCO RICO. Supported by Law Foundation s Access to Justice Fund

22/01/2014. Chapter 5 How Well do Canada s Immigration Laws and Policies Respond to Immigration Issues? Before we get started

MAY 2013 This presentation was made possible by the generosity of

Refugee Hearing Preparation

Attention: Paula Thompson, Director, Business Process Design

2001 Census: analysis series

Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers

Preventing and Responding to Domestic Abuse against Newcomer, Immigrant, Refugees and No Status Women

New refugee system one year on 9 December 2013

CITIZENSHIP & IMMIGRATION CHANGES

IMMIGRATION Canada. Refugee Sponsorship Application. Request for a Refugee Profile. Table of Contents. Forms

IMMIGRATION AND REFUGEE PROTECTION ACT [FEDERAL]

Bill C-31 Protecting Canada s Immigration System Act (PCISA) Presented by the Law Office of Adela Crossley

The Chinese Community in Canada

A Very Busy Year: A Brief Review of the Major Changes Made to Immigration and Refugee Law in By Chris Veeman

Updates on Private Sponsorship

Ontario Disability Support Program Income Support Directives

The Safety and Health Divides: Concerns of Canadian's First Nations' Women and Children. Michael W. Young Ph. D. April 10, 2015

Tel: , Private Sponsorship of Refugees Program. Groups of Five. Information Booklet

! WHAT S INVOLVED IN RESEARCHING AN ISSUE?

Immigration and Refugee Settlement in Canada: Trends in Public Funding

COUNTRY CHAPTER CAN CANADA BY THE GOVERNMENT OF CANADA

EMBASSY OF FRANCE IN CANADA

LAW SOCIETY OF BRITISH COLUMBIA

2017 Fall Consultation report. Niagara Falls - Nov Dec. 2, 2017 Human Rights have no Borders

Form F5 Change of Information in Form F4 General Instructions

Integrated Model of Refugee Protection and Integration

CANADIAN COUNCIL FOR REFUGEES. Keeping the door open: NGOs and the new refugee claim process

September 10, 2012 VIA

Introductory Guide to Civil Litigation in Ontario

CHANGES TO THE REFUGEE SYSTEM WHAT C-11 MEANS September 2010

ENGAGING IN COMMUNITY SPONSORSHIP. Private Sponsorship of Refugees Program - 1 -

Immigrant and Temporary Resident Children in British Columbia

How does legislation such as Treaty 6, Treaty 7 and Treaty 8 recognize the status and identity of Aboriginal peoples?

COUNTRY CHAPTER CAN CANADA BY THE GOVERNMENT OF CANADA

UNIVERSITY OF OTTAWA REFUGEE ASSISTANCE PROJECT

REFUGEE RESETTLEMENT Overview of the Resettlement Assistance Program (RAP)

Report: Policy Roundtable on Issues Facing Refugee Women

Skilled Worker Application Guide NEWFOUNDLAND AND LABRADOR PROVINCIAL NOMINEE PROGRAM

Terms of Reference for Niagara Compliance Audit Committee

PP 4. Processing Protected Persons' in-canada Applications for Permanent Resident Status

IMMIGRATION Canada. Study Permit. Lima Visa Office Instructions. Table of Contents IMM 5833 E ( )

IMMIGRATION Canada. Applying to Change Conditions or Extend Your Stay in Canada - Visitor

Atlantic Provinces. Deciduous forests. Smallest region-5% of Canada s land and 8% of its people.

PROGRAM REVIEW BUSINESS/ ENTREPRENEUR STREAMS

National Report: Canada

IMMIGRATION AND REFUGEE PROTECTION ACT [FEDERAL]

Fact sheet ANSWER: August 2012

REFUGEE FORUM II. From PIF to BOC: Helping clients in the new refugee system. Presented by Carolyn Padgett- Articling Student

Opportunities to work in Canada

International Student Program

1. Where is your company located? Please check all that apply.

Health Cards. Ontario

Supreme Court of Canada

Citizenship Policy Manual CP 1. Citizenship Lines of Business

MIGRATION BY THE NUMBERS ONEDC MIGRATION PRESENTATION 6 OCTOBER, SUDBURY CHARLES CIRTWILL, PRESIDENT & CEO, NORTHERN POLICY INSTITUTE

Presented by Cornelia Mazgarean (Community Legal Aid. On behalf of the Inter-Clinic Immigration Working Group of Legal Aid Clinics in Ontario

Refugee Sponsorship. Information Package (Updated June 2016) Adapted from ISANS Refugee Sponsorship Info Package by Stephen Law

LAW SOCIETY OF BRITISH COLUMBIA

Custody and access issues for immigrants and people at risk of deportation

Evaluation of the Legal Aid Program

National Mobility Agreement

REPLACEMENT CANADIAN CITIZENSHIP CERTIFICATE Immigrationfacts.ca ORDER FORM INSTRUCTIONS

IMMIGRATION Canada. Applying to Remain in Canada as a Temporary Resident Permit Holder. Table of Contents

Evaluation of the Pre- Removal Risk Assessment Program

Niagara Falls forms what type of boundary between Canada and the United States (Little map on the right)?

Guide for Supporting Family Members in Saskatchewan

Executive Summary. Background

Downtown Legal Services Poverty law clinic associated with the University of Toronto Faculty of Law

Criminal Injuries Compensation Board Pg 1 of 8

Immigration in Nova Scotia A Report of the Halifax Chamber of Commerce

IMPORTANT INFORMATION REQUIRED DOCUMENTS

Demographic and Economic Trends and Issues Canada, Ontario and the GTA

Balanced Refugee Reform Act

IMMIGRATION Canada. Work permit. Accra visa office Instructions. Table of contents IMM 5895 E ( ) Document checklist Work permit

IMPORTANT INFORMATION REQUIRED DOCUMENTS

3.13. Settlement and Integration Services for Newcomers. Chapter 3 Section. 1.0 Summary. Ministry of Citizenship and Immigration

Vision. Immigration Levels Plan july 2017

COUNTRY CHAPTER CAN CANADA BY THE GOVERNMENT OF CANADA

Rapid Impact Evaluation of the Syrian Refugee Initiative

RETAINER AGREEMENT CIVIC RESETTLEMENT PROGRAM. Re: Civic Resettlement of refugee applicant(s)

Chapter 6, Lesson 1 Physical Geography of Canada

Hiring and Retaining Foreign Workers. Information for employers considering hiring temporary foreign workers

REQUEST FOR BIOGRAPHICAL INFORMATION

canadian udicial conduct the council canadian council and the role of the Canadian Judicial Council

Rur al De velopment Institute. Community Report. Immigration in 5 Rural Manitoba Communities with a Focus on Refugees: Portage la Prairie Case Study

IMMIGRATION APPEAL DIVISION. What It Is and How It Works. qwewrt

Syrian Refugee Family Sponsorship Proposal AZ-ZAHRAA HUMANITARIAN GROUP

KNOWLEDGE-SHARING DOCUMENT

IMMIGRATION Canada. Applying for Permanent Residence from within Canada. Temporary Resident Permit Holders. Table of Contents. Appendices: Forms:

Transcription:

Table of contents Making a Refugee Claim at the Border REFUGEE PROTECTION Important steps that you are legally obligated to follow as part of the refugee process CAN I MAKE A CLAIM? Describes who is and who is not eligible to make a refugee claim in Canada REFUGEE PROCESS IN CANADA Step by Step Process for Refugee Determination In Canada LEGAL HELP Who can represent you at your hearing, tips on how to find legal counsel, Legal Aid THE REFUGEE HEARING The IRB, the PIF and the step by step process of how your refugee hearing works WHAT IF I AM REFUSED? Outlines options if you are refused at your refugee hearing IMMIGRATION MEDICALS/ HEALTH SERVICES All the information you need to know about your mandatory medical exam and how to obtain essential health services WORK AND SCHOOL Describes your rights to work and attend school REPORTING CHANGE OF ADDRESS To whom and how you report any change of address INCOME SUPPORT What to do if you don t have any money for rent, food and clothing CHOOSING TO LIVE IN NIAGARA A profile of communities in Niagara WHERE CAN I GET HELP A list of organizations that can help you between Buffalo and Toronto 5 6 7 8 9 10-11 12 13 14 15 16 17 Editor: Researcher: Legal Advisors: Editorial Contributors: Financial Support: Graphic Design: Theresa zovino Manuel Hernandez Michael Foster, Community Legal Services Niagara South, Deyanira Benavides, Community Legal Services Niagara S nette Tennier, Rod McDowell, Sue Morrison, James McNair, Shirley McNair Ontario PLURA, an organization that provides funds through thepresbyterian, Lutheran, United, Roman Catholic and glican Churches to help groups of disadvantages people get social change projects started. Gerardo Lopez, Open Mind - Graphic Designers, www.omdesigners.com

YOUR FIRST STEPS IN YOUR FIRST DAYS Your first priorities after you enter Canada are: HOUSING :Find a temporary place to stay. If you do not have family or friends that you can stay with, there are shelters that can help you ORGANIZATIONS THAT CAN HELP : Find a community organization that can help you. FIND LEGAL HELP AND SUBMIT PIF : Because the time you have to complete your Personal Form (PIF) is very short ( 28 days) you should find legal counsel as soon as you can after entering Canada. If you want a lawyer to help you but cannot afford one, apply immediately for Legal Aid How Can The Fort Erie Refugee Reception Centre Help Me When I arrive at the Border? We provide first step assistance for your first day: Referrals for shelter package on the Refugee Process Orientation Sessions for First Days in Ontario Referrals to other organizations in destination community A light meal Emergency transportation A rest area and children s playroom Access to telephone for contact information Free Internet Access www.settlement.org Website of the Ontario Council of Agencies Serving Immigrants with information for your new life in Canada www.cic.gc.ca Website of Citizenship and Immigration Canada with information on immigration and refugee processes, application forms etc. www.irb.gc.ca Website of the Immigration and Refugee Board of Canada www.cleo.on.ca Website of Community Legal Education Ontario legal fact sheets on immigration and refugee law and other areas of law www.femulticulturalcentre.org You can download extra copies of this information package www.legalaid.on.ca/en/getting/immigrat ion.asp Website for Legal Aid in Ontario that can provide you with information on getting help for immigration and refugee matters and the location of the Legal Aid Office or Community Legal Clinic nearest to you www.fcjsisters.ca Website for FCJ Hamilton House Refugee Project that has excellent information on the Canadian Refugee Determination process and links to other sites www.directioncanada.gc.ca for newcomers and non- Canadians on going to Canada

Refugees and persons needing protection are people in or outside Canada who fear returning to their country of nationality or habitual residence. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year. Through its refugee protection system, Canada offers safe haven to persons with a well-founded fear of persecution, as well as those at risk of torture or cruel and unusual treatment or punishment The Canadian federal government helps refugees resettle in Canada. The Refugee and Humanitarian Resettlement Program allows Canada to uphold its humanitarian traditions. In addition to government efforts, private sponsorships enable organizations and groups of individuals to assist refugees and other people in similar circumstances to rebuild their lives in Canada. Citizenship and Immigration Canada (CIC) selects refugees who are seeking resettlement in Canada. To be eligible for coming to Canada, refugees must not have another option within a reasonable time. Before accepting a person as a refugee, CIC will make sure that person cannot go home to their country of nationality or usual residence or stay in the country where they have been given Making a Refugee Claim at a Canadian Border Making a Refugee Claim at the Border 1 Make a Refugee Claim At The Border 2 Citizenship and Immigration Canada APPROVED Eligibility Immigration decides if you are eligible to make A refugee claim. If yes, you receive a package of documents 3 Give Immigration The Address of Where You Will Live In Canada (family, friends, shelter) 4 Complete Immigration Medical Examination with a Designated Medical Doctor 5 Apply immediately for Legal Aid if you want a lawyer but cannot afford to pay for one 6 Submit your Personal Form (PIF) in 28 days to the Immigration and Refugee Board (IRB) 7 Apply for Permission to Work, only after MedicalExamination and PIF are submitted) 8 Hearing with Immigration and Refugee Board (IRB). You will be contacted in advance with a date for your hearing. This can take between 3 months 16+ months. 9 IRB Report ANY Change of Address. Every time you change your address you MUST report this to Immigration AND The IRB

5 REFUGEE PROTECTION Interview With Immigration At The Port Of Entry. You will have fingerprints and photographs taken. You will be asked why you are seeking refugee protection in Canada. interpreter is provided for you if you request one. If Canada Immigration finds that you are eligible to make a claim you will be referred to the Refugee Protection Branch of the Immigration and Refugee Board. CONVENTION REFUGEES Are people who have left their home country and have a well founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group. You must prove that you fit at least one of these categories PERSONS IN NEED OF PROTECTION Are individuals whose removal to their home country would subject them personally to: A) Danger of torture; OR B) Risk to their life; OR C) Risk of cruel and unusual treatment or punishment. You Will Receive A Package of Documents. This package contains very important papers including your Personal Form, Immigration Medical Forms and a list of doctors who can do these medical examinations, Federal Interim Health Coverage, A Notice To Appear before the Immigration and Refuge Board and a conditional removal order. Legal Representation. If you choose to be represented by a lawyer or any other person at your hearing with the Immigration and Refugee Board (IRB), you should select counsel as soon as possible after your arrival in Canada. See the section on Legal Help for more suggestions. Legal Aid. If you cannot afford to pay for a lawyer, you should apply immediately to Legal Aid for assistance. See the section on Legal Help for more information. Submit Your Personal Form To The Immigration and Refugee Board. You must do this within 28 days from the day you receive your documents. Complete Immigration Medical Examination Within 60 days. See Section on Immigration Medicals. Report y and All Changes of Address. You must inform Canada Immigration and the Immigration and Refugee Board of any change of address within 10 days after moving. Otherwise, you will be in violation of Immigration Laws. As well, you may not receive important mail. See Change of Address Applying To Work in Canada. You must apply for permission to work in Canada (it is called an employment authorization). You can only apply after Immigration has received your Immigration Medical Examination results and after you have submitted your Personal Form to the Immigration and Refugee Board. See Section on Working in Canada. Hearing With Immigration and Refugee Board. Your case is presented to the Refugee Protection Division of the Immigration and Refugee Board. A decision can be made immediately at the end of your hearing or a written decision can be mailed to you. See Section on Refugee Process in Canada.

6 CAN I MAKE A REFUGEE CLAIM? Through its refugee protection system, Canada offers safe haven to persons with a well-founded fear of persecution, as well as those at risk of torture or cruel and unusual treatment or punishment. The first step to making a refugee claim in Canada is for Canada Immigration to determine if you are eligible. If Immigration finds you eligible to make a refugee claim, then your case is sent to the Immigration and Refugee Board. You will have to convince the Immigration and Refugee Board (which is independent from Citizenship and Immigration Canada) that you have a realistic fear of persecution in your home country. They will make a decision based on your personal testimony, any documents that you may have and documents about your home country. You are NOT eligible to make a refugee claim in Canada if any of the following circumstances apply to your case: Convention Refugee protection was granted to you in another country to which you can return OR You applied for refugee protection in Canada and were refused OR You came to Canada from or through a designated safe third country where refugee protection could have been claimed OR You are found to be a security risk, a violator of human rights, a serious criminal or a person involved in organized crime Your previous refugee protection claim was withdrawn, abandoned or you were found ineligible This publication contains general information only. Each situation is unique. The law can also change. You should consult with a lawyer or a community legal clinic for your own case. This information was current as of August 2002. Canada s refugee protection system has two components: The Refugee and Humanitarian Resettlement Program, for people seeking protection from outside of Canada. Decisions for these claims are made at Canadian embassies or consulates overseas. The In-Canada Refugee Protection Process, for people seeking protection at a Canadian border (port of entry) or from within Canada (called an inland claim). A claim is made by notifying an officer of Citizenship and Immigration Canada (CIC) at any port of entry or at a Canada Immigration Center within Canada. The CIC officer will determine if the claim is eligible to be heard and will refer eligible claims to the Refugee Protection Division of the Immigration and Refugee Board. If no decision has been made by a CIC officer within three days, the claim will be deemed referred.

7 REFUGEE PROCESS IN CANADA Person makes claim at a Canadian port of entry or at an inland CIC office CIC Officer decides within 72 hours that a refugee protection claimant is eligible to be referred to the Immigration and Refugee Board Submit Personal Form to the Immigration and Refugee Board 28 days to file HELPFUL HINTS In order to be successful in your refugee claim in Canada, you will need to prove that you fear persecution in the country from which you are fleeing. You must be able to meet the legal definition of a Convention Refugee or Person In Need of Protection as defined in the Canadian Immigration and Refugee Protection Act. YES Oral Hearing with the Refugee Protection Division (RPD) of the Immigration and Refugee Board Positive Decision Apply for Permanent Residence Status within 180 days. Application will accompany notice of decision from IRB NO Negative Decision 15 days to apply to Federal Court for Judicial Review. If win, claim is returned to Refugee Protection Division for new hearing. There is no age limit for making a refugee claim in Canada. Everything you say at any immigration interview or write on any form can be used in any step of the refugee process. Together with the PIF, you must provide 3 copies of all travel and identity documents in your possession, whether they are genuine or false or improperly or irregularly obtained. If you do not have these documents with you, you must indicate where the documents are now and whether any of them have been disposed of or destroyed. IF you have no valid identity or travel documents, you should make every effort to obtain documents to establish your identity. Humanitarian and Compassionate Application. If yes, apply for Permanent Residence Status. Pre-Removal Risk Assessment. If yes, apply for Permanent Residence Status

8 LEGAL HELP TIPS FOR CHOOSING LEGAL COUNSEL After you are allowed to enter Canada, you should obtain legal representation as soon as possible. If you are unable to pay a lawyer to represent you, you may apply for legal aid at the nearest local office. Generally, we encourage our clients to find Immigration Lawyers in private practice or find lawyers or legal workers linked to a community Legal Clinic or a non-profit organization. Your lawyer or legal worker will spend time and energy questioning you, researching conditions in your country, and preparing/supporting your case by referring you to appropriate medical professionals for physical and or psychological evaluations and reports as may be needed. Your lawyer should spend enough time with you to prepare the necessary documents, forms, research your case and explain the legal process to you. Be aware of the fact that in Canada, many of the people who offer legal assistance are not lawyers but are called immigration consultants. These consultants may or may not be competent to properly represent you. Legal Aid WILL NOT pay for a consultant. Be sure to do extensive research before choosing a consultant. People claiming refugee protection have the right to legal counsel or to speak on their own behalf. If claimants do not wish to be represented by a lawyer, they can choose a friend, relative or other individual to act as their counsel. BUT ONLY A LAWYER CAN REPRESENT YOU IN FEDERAL COURT Legal Help for Refugee in Niagara If you want to hire a private lawyer, but cannot afford to pay for one, you can apply for Legal Aid at your nearest local office. Legal Aid Office King Street, Welland, Ontario 905-735-1559 Legal Aid Office St. Catharines, Ontario 905- Legal Clinic : Community Legal Services of Niagara South 3 Cross Street Welland, Ontario 905-735-1559 Ridgeway 905-894 What If I Want A Lawyer But I Have No Money? LEGAL AID Some provinces provide financial assistance to help pay for a lawyer if you cannot afford one. These provinces are Ontario, Quebec, Manitoba and British Columbia. What is covered by Legal Aid varies from Province to Province. For information and the location of the nearest Legal Aid Office in Ontario visit the website www.legalaid.on.ca In general terms, in order to receive legal aid, you have to demonstrate that you do not have money to pay a lawyer yourself. When you go for your legal aid appointment, you will need to bring bank account information, list of assets, proof of how you are financially supporting yourself. They will ask you some information about why you are claiming refugee status. NOT ALL LAWYERS ACCEPT LEGAL AID In Ontario, there are Legal Clinics that also provide FREE legal assistance based on financial need

9 THE REFUGEE HEARING Claim is referred by Immigration to the Immigration and Refugee Board Claim is screened into appropriate process WHAT IS THE IMMIGRATION AND REFUGEE BOARD? Expedited process: Interview with a refugee protection officer Full Refugee Hearing Process The Immigration and Refugee Board is an independent Canadian organization that makes decisions on claims for refugee protection in Canada Accepted without full hearing Sent to full hearing May apply for permanent residence Claim Accepted full hearing Claim Rejected, Withdrawn or Abandoned full hearing X WHAT IS THE PIF? PIF is a short form for Personal Form. This is a form that you have to submit with details of your refugee case to the Immigration and Refugee Board. It gives biographical information and a detailed story of why you fear returning to your home country. Make sure that all information you provide to Immigration is honest and accurate to the best of your knowledge. If you or your lawyer cannot complete and submit the PIF in 28 days, then you must ask for an extension in writing. If you do not do this, you will be called for an abandonment hearing. To help your lawyer fill in the PIF quickly, show him/her all of your records and documents. When Immigration refers your claim to the Refugee Protection Division of the IRB, your claim is reviewed to decide whether it will go through an expedited process or a full refugee hearing. The expedited process is used when a claim appears to be manifestly well founded. In this process, you are interviewed by a refugee protection officer, who makes a recommendation about the claim. If the recommendation is favorable, the claim is forwarded to an IRB member who will decide if it should be accepted without a hearing. A full hearing is held if you are not granted refugee protection in the expedited interview. Full hearings follow a tribunal process which is usually non-adversarial, unless Canada Immigration participates to argue against your case. A refugee protection officer assists the IRB member to ensure credible and relevant evidence is presented. If you are accepted by the IRB, then you may apply to become a permanent resident of Canada. You have the right to be represented by counsel You have the right to be heard and to present your case fully All testimony is given under oath or by affirmation Representatives of UNHCR may observe any hearing The persons who make decisions on cases are called members Most cases are heard by one member, although occasionally panels of two or three members will hear cases Refugee hearings are generally held in private Hearings are usually conducted in person, although they can be held by videoconferencing, telephone or other means that allow for a fair hearing. The services of an interpreter are provided if required, and an individual may choosen which of Canada s official languages, English or French, the hearing will be conducted All IRB decisions are based on the evidence provided during the proceedings Members must provide reasons for all final decisions

10 X WHAT IF I AM REFUSED? PRRA APPEALING A DECISION Made by the Refugee Protection Division of the Immigration and Refugee Board. The new Immigration and Refugee Protection Act does provide for an appeal process, but as of the date of this publication, the Refugee Appeal Division of the IRB has not been implemented JUDICIAL REVIEW BY FEDERAL COURT You may ask the Federal Court through a lawyer for permission to apply for judicial review of any decision of the Refugee Protection Division. However, this permission is not automatically granted in every case. You must show that a clear legal error was made before your appeal will be allowed to proceed. Only lawyers can represent you in these proceedings. HUMANITARIAN AND COMPASSIONATE APPLICATION you may apply for humanitarian and compassionate consideration at any time. You do not need to wait until your refugee claim has been heard. y foreign national, including refugee protection claimants who are found by the Immigration and Refugee Board not to be a protected person, who would suffer hardship if they were returned to their home country, may apply to remain in Canada on Humanitarian and Compassionate grounds. Immigration officers will review applications for permanent residence under Humanitarian and Compassionate considerations. View and print the application form and guide at www.cicnet.gc.ca You can only apply for a pre-removal risk assessment when you have been issued a removal order from Canada The written application for protection must be submitted within 15 days Most PRRAs are conducted in writing, although oral hearings may be required in certain cases where the officer has concerns about the person s credibility. For failed refugee claimants, PRRA officers can only look at: NEW EVIDENCE (like a change in country conditions) or evidence that the applicant could not reasonably present at the refugee hearing

X WHAT IF I AM REFUSED? 11 X X X You are NOT eligible for PRRA if you are described below: You are ineligible for a refugee hearing because you came from a designated safe third country You are a repeat refugee claimant who is returning to Canada less than six months after your departure You are recognized as a Convention Refugee or protected person under the Canada Immigration and Refugee Protection Act PRE-REMOVAL RISK ASSESSMENT (PRRA) A person about to be sent back to a country where they could face persecution, danger of torture, risk to life or risk of cruel and unusual punishment may apply for a pre-removal risk assessment (PPRA) before they are removed from Canada. Once you have been issued a removal order by Citizenship and Immigration Canada, you must formally apply for a preremoval risk assessment (PPRA) within 15 days. Most people who have been issued a removal order are eligible to apply for a PRRA. Who conducts the PRRA? Citizenship and Immigration Canada officers conduct Pre-Removal Risk Assessments ( PRRA). PRRA officers receive specialized training in matters relating to personal risk and have access to up-to-date information on conditions in other countries. What is the process? The process is started by Citizenship and Immigration Canada when they are ready to carry out a removal order. Most PRRAs are conducted in writing. You will be notified by CIC that a written application for protection may be submitted within 15 days. You will not be removed from Canada until a final decision on the application is made. What happens if I am approved? Most people who are found at risk may apply for permanent residence. What happens if I am rejected? You must leave Canada as required by the removal order. X X X You have been recognized as a Convention refugee by a country to which you can return You are named as a security concern You are subject to extradition Will Ontario Legal Aid pay for a Lawyer to Help Me With PPRA? You may apply for a Legal Aid Certificate and coverage may be available in your case. A community Legal Clinic may also be available to provide you with free legal assistance.

12 Immigration Medicals/ Health Services Every refugee claimant must have medical examination within 60 days Where Can I Have The Immigration Medical Examination Done and How Much Does It Cost? As a refugee protection claimant it is mandatory that you have a medical examination within 60 days. A list of doctors was provided to you with the package of information you received from Immigration. Only the doctors on this list are authorized by Immigration to do this examination. The medical examination is paid for through Federal Interim Health. THERE IS NO COST TO YOU. It includes a physical examination, blood test, urinalysis and a chest x-ray. Immigration will evaluate the results. They can ask for further tests or a specialist's report. If they have concerns about communicable diseases, you can be denied the right to work in certain occupations (for example, in food handling or child care) when you apply for a work permit. HEALTH SERVICES The Interim Federal Health Program, administered by Citizenship and Immigration Canada, ensures emergency and essential health services for needy refugee protection claimants and those protected persons in Canada who are not yet covered by provincial health care. What Do I Need To Bring To the Medical Exam? 1)ID Document From Immigration 2)Your medical report form 3)Four passport-size photographs for each adult and 2 passport-size photographs for each child (age 0-10) Important Note You will not be granted permission to work in Canada until you have completed your Immigration Medical Examination and submitted your Personal Form (PIF) to the IRB.

13 WORK & SCHOOL While your claim for refugee protection is being considered, you have certain rights and responsibilities. Before your child can be enrolled in school, you must prove that he or she has been immunized as required by the laws in Ontario Under the new Canada Immigration and Refugee Protection Act, minor children are automatically eligible to attend school and do NOT require a student authorization There are two publicly funded school systems in Ontario, one that is non-denominational and one that is Catholic. Children can attend school in either system free of charge. There are also many private schools, but generally you must pay fees for your children to attend. In most cases, it is best for children to begin school soon after arriving in Canada. The school staff will help with grade placement and other important decisions about your child s education. WORKING IN CANADA Permission to Work in Canada You must complete your Immigration Medical Examination and submit your Personal Form before you can apply for permission to work in Canada. It generally takes several months to get an employment authorization. Application forms are available online at www.cic.gc.ca or by telephoning 1-888-242-2100. Community non-governmental organizations can usually provide you with assistance in completing the application if you need help. How can I work in my profession? For more information visit : www.skillsforchange.org or www.settlement.org (click on employment) How can I find work? There are organizations in most communities that may help you. SCHOOL Under Canada s new Immigration and Refugee Protection Act minor children are automatically eligible to attend school. THIS IS NEW. Children attend publicly-funded schools for FREE Adult refugee protection claimants are eligible to attend language training (English or French) classes without a student authorization. Most of these programs are FREE Adult refugee protection claimants must apply for a student authorization if they plan to attend a community college, university or other training/educational programs. Most of these programs charge tuition fees. When you receive your permanent residence status, you can apply for a loan to attend college or university from the Ontario Student Loan Program. For information on having you academic credentials evaluated in Canada visit www.settlement.org

14 REPORTING CHANGE OF ADDRESS!! Report any and all change of address within 10 days to: Immigration and Refugee Board (information below) Citizenship and Immigration Canada (information below) Social services if you are receiving benefits Legal counsel It is VERY IMPORTANT that any address changes be reported to both Immigration and the Immigration and Refugee Board within 10 days, otherwise you will be in violation of Immigration Laws. As well, you could miss receiving very important mail which could result in the IRB considering you claim abandoned. In the package of documents you receive from Immigration on the day you make your claim, you are given copies of a form called Notification of Change of Address. This PINK form must be mailed to the IRB and additionally a call or e-mail must be made to CIC in order to report your change of address and other contact information IRB Mail Pink Form to: Immigration and Refugee Board 74 Victoria Avenue, Suite 400 1-888-242-2100 M5C 3C7 HELPFUL HINTS Always tell the truth about your personal situation or information, including your address in Canada. If for any reason you have misrepresented yourself, the sooner you explain the better. To tell the truth and to cooperate with the authorities is the best way to avoid any enforcement measures, such as being detained. Refugee protection claimants have the right to use an interpreter in Immigration proceedings if needed. Keep photocopies of everything you or someone else has done on your behalf that was sent to Canadian authorities regarding your refugee process. d: Call: Citizenship and Immigration or e-mail them through website www.cic.gc.ca

15 INCOME SUPPORT $ HELP Canada s refugee protection system has two components: The Refugee and Humanitarian Resettlement Program, for people seeking protection from outside of Canada. Decisions for these claims are made at Canadian embassies or consulates overseas. The In-Canada Refugee Protection Process, for people seeking protection at a Canadian border (port of entry) or from within Canada (called an inland claim). A claim is made by notifying an officer of Citizenship and Immigration Canada (CIC) at any port of entry or at a Canada Immigration Center within Canada. The CIC officer will determine if the claim is eligible to be heard and will refer eligible claims to the Refugee Protection Division of the Immigration and Refugee Board. If no decision has been made by a CIC officer within three days, the claim will be deemed referred. If you have made a claim for refugee status and you do not have money to support yourself, you can apply to the Ontario Works Program for financial assistance. If you are eligible, you will receive money each month to help with the cost of rent, your food and other basic needs. You will also receive a drug benefits card. There are other benefits that you may be eligible for depending on your situation such as money for last month s rent, furniture and special diets (needed because of health conditions, and for pregnant or breastfeeding women). The amount that you receive depends on your individual need, the number of people in your family and your expenses. You will be assigned a casemanager who will meet with you regularly to help you formulate a plan to follow so that you will eventually be able to work and support your family in Canada. Your casemanager and you decide together what the best plan is for you with information about resources in your new community that are available and extra money that you may need so that you can follow your plan including such things as transportation and childcare. Some plans include attending school to learn English or French, having your credentials from your country of origin assessed, gaining Canadian work experience through volunteer positions and assistance with looking for employment. HOW DO I APPLY? If you do not speak English, visit a local agency who helps immigrants and refugees and they can help you or Call the Ontario Works Toll Free Application Hotline.

16 CHOOSING TO LIVE IN NIAGARA Ontario Map Hamilton City Haldimand County City Pacific Ocean Canada TORONTO HAMILTON KITCHENER OTTAWA Town of Grimsby Township of West Lincoln Canada Map Arctic Ocean Beaufort Sea ALASKA (USA) YUKON TERRITORY Lake Ontario Town of Lincoln BANKS ISLAND QUEEN ELIZABETH ISLANDS VICTORIA ISLAND Baffin Bay GREENLAND BAFFIN ISLAND Labrador Sea Great Bear Lake NUNAVUT NORTHWEST TERRITORIES Great Slave Lake BRITISH Hudson COLUMBIA ALBERTA MANITOBA Bay QUEBEC SASKATCHEWAN James Edmonton Bay New Brunswick Vancouver Calgary ONTARIO Winnipeg Quebec Montreal Ottawa UNITED STATES Toronto You are here Town of Pelham Township of Wainfleet 155 kilometers 95 kilometers 155 kilometers 555 kilometers ST. CATHARINES Town of Niagara City of on the St Lake Catharines City of Thorold City of Welland City of Port Colborne Lake Erie You are here City of Niagara Falls Town: Fort Erie Province: Ontario Country: Canada MONTREAL LONDON WELLAND NIAGARA FALLS 50 kilometers Town of Fort Erie Niagara Falls New York W N S Town: Fort Erie Province: Ontario Country: Canada E ICELAND Atlantic Ocean NOVA SCOTIA Halifax Bay of Fundy Buffalo New York Arctic Circle NEWFOUNDLAND AND LABRADOR 700 kilometers 220 kilometers 40 kilometers 35 kilometers For information on working and living in Niagara www.chooseniagara.com Consider Living in the Niagara Region Most people when they arrive have been told to go to Toronto to live. You may wish to consider living in the Niagara Region. The Niagara Region can offer big city life or small community neighborhoods, urban or rural life. POST SECONDARY EDUCATION Niagara College is a community college with three main campuses in Welland, Niagara Falls and St. Catharines. Www.niagarac.on.ca Brock University is located in St. Cathrines Visit www.brocku.ca SCHOOLS For education programs Www.niagarac.com Www.dsbn.edu.on.ca HOSPITALS Canada has one of the best healthcare systems in the world. Most of the large communities have their own hospitals. HOUSING Compared to large cities like Toronto, there is good availability of affordable housing. WORKFORCE Niagara has a multilingual workforce with 20% of the population able to speak another language.

17 WHERE CAN I GET HELP? In Buffalo, USA VIVE, Organization For World Refugees 50 Wyoming Ave 716-892-4354 Vive@buffnet.net In the Niagara Region, FORT ERIE Fort Erie Multicultural Centre 55 Jarvis Street 905-871-3641 www.femulticulturalcentre.org Casa El Norte Shelter 281 Central Avenue 905-871-4483 http://people.becon.org/~casa/ WELLAND Welland Heritage Council * 26 East Main Street 905-732-5337 www.iaw.com/whc (*has shelter) ST. CATHARINES Fort Erie Refugee Reception Centre Located at the Peace Bridge 905-994-6007 www.femulticulturalcentre.org Canada Matthew House Fort Erie 195 Central Avenue 905-871-6059 www.forterienow.com/dir/businesses/ matthewhouse/ NIAGARA FALLS Folk Arts Council & and Multicultural Centre 85 Church Street 905-685-6589 www.famc-stcath.org HAMILTON Multicultural Network of Niagara Falls & Multicultural Centre 5485 Victoria Avenue 905-356-2249 http://people.becon.org/~mcnetworknf/ Settlement and Integration Services Organization (SISO) 360 James Street North (Liuna Station) Lower Concourse 905-521-9917 www.siso-ham.org HELPFUL HINTS There are many organizations in Canada that help refugee claimants FREE OF CHARGE. It is not necessary to pay for services when you arrive here in Canada as many non-governmental organizations (called NGO s) are here to help you and provide you with professional, confidential and FREE services Beware of persons who ask you for large amounts of money for services. Most services are available to you FREE of charge from the experienced staff of nongovernmental organizations and faith groups. TORONTO Canada Immigration will give you a list of NGO s in Toronto that can help you. There are many of them. Start with: FIRST CONTACT Canadian Red Cross 2 Homewood Avenue (at Carlton and Jarvis) Phone: 416-771-9540