Aplicación del Derecho de Refugiados en Canadá ...
••
Govemment
ofCanada
Gouvememenl
du Canada
179.
Refugee Status Deterrnination
lhis
faa
sheet
is
intended
lO
previde general
information
on
the
refugee status determinátion
process as
amended
by
Bil! c.a6
which
received
Royal Assent on OecemOer
17. 1992.
\t
is
l'lOl
a
legal documenL
FOI'
prec::ise legal reterence,
please
consult tha
Immigration
Aa
and
Ihe
Immigratíon Regulations.
1978. All
Canada
Immigration Centres maintain
a set o,
immigration
manuals,
whIch
include
the Immigration Act
and
Regulations. which
is
available
to
the .public.
The
term ·Convention refugee
A
has
been defined
io
the United Nations Convention relating lo
the
Status
01
Rerugees
and
the Protoeol
and
inc:orporated in the Irnmigration
Act
as tollows:
-Convention rerugee means any persan who.
by
reason
01
a well tounded fear o, persec:ution for
reasons
01
race. religlon, nalionality. membershlp
in a par1icular social group
or
politicáJ opinion,
(a)
is
outside thecountry of
his
nationality
and
ls
unable
or,
by
reas(mof
Ihat
fear
is
unwüling
to
avail
himSeH
of
the protection of
that
country,
or
(b) not having a country o, nationality,
is
outside
the c:ountry
01
his fOnTler habitual residence
and is unable or, by reasQO
01
that
fear,
is
unwíUíng to retum
lo
that country."
The
Immigration
Act
also includes the provisions
01
the Conventioo definition which exclude from
protection those whO have committed war crimes.
serious non-political
crimes
and acts conllary
to
the purposes
and
principies
of the
United
NatiOO3.
Furthermore.
the
Act
provides
'01'
the
cessatlon .
of
the
tefugee status when protection
Is no Ionger
needed
and
stipulat83
that
refugae status
may
be
vacatad
whera it
'NaS
obtained by misrepresenl–
ation.
Where
a
person has mote than ona c:ountry of
nationality the person muS! deli'lOnstrate
á
well–
founded
tear
ofpe1SaaJlion with resped lo
each
in order to
be
determined lo be a Convention
relugee.
As
a signatory to
the 1951
United Natlons
Convention relallng lo Ihe Status of Refugees
and
lis
1967
Protocol, Canada
has
an
obllgation
10
protec:t refugees
en
its territQIY. A set
ot
formal
procedures - known as the Refugee
Status
Determination System -
has
been
estabIished
in
taw to determina, in
Jight
o, tha
Convention
refugee definition,
who
¡s, and
who
is
not..
a
Convention retugee.
The
Refugee Status Determlnation System
has
been designed to meet both Canada's
international obIigaUons
under
the Geneva
Convention
and
the
requirements o, Canada's
Chaner 01
Rights and Freedoms.
It
gives
individuals
an
opportunity to clemonstrate
a
need
lor Canada's protectlon.
!he
rights o, relugee
daimants are protected under Canadian law
and
meticulous care is taken to ensure that no
Convention refugaes
will
be
retumed lo
a
c:ountry
wbere they might"face perse<:ution.
lhis
-non–
rafoulement" provision <loes
not
apply to
persona
who are dangerous criminals
or
security
risks.
Any
person in
Canada.
whether
or
not
the
person
has
legal status. may malee
a
c1aim to refugee
statuS
to an immigration off'lCer. This claim may
be made al
aIly
time until a removal order
has
been made against the persono
A
daim may
be
made. for example.
when
seeking admission
lo
Canada
al
a
port of antry. at
a
Canada
Immigralion Centre once a person is in Canada.
01'
at any time
wring
thecourse
01
an
immigration inquiry.
A senior immigration offlcar will decide whether
or
nOl
a
retugee dalm
is
eligible to proceed to
a
hearing
00
its ments before the Convention
Rerugee Determination Dlvlsion (CROO)
of!he .
Immigration and Ref\Jgee Board
(lAS). ,
A
person is
ineligible to
have a
daim determined
by
the Refugee Divisíon
if
8
senior
immigration
ofticer
finds
that
