Canada - Arrival

< Asylum seekers arriving in Canada

People who arrive in Canada seeking asylum are interviewed by an officer from Citizenship and Immigration Canada (CIC) who decides whether or not they are eligible to have their refugee claim heard. This decision is based on a questionnaire applicants must complete detailing how they got to Canada, their travel documents, previous immigration history and family details.

If the officer decides the asylum seeker is eligible for consideration, the case is referred to the Immigration and Refugee Board (IRB), the body that will decide if an applicant falls under the UN 1951 Convention definition of a refugee. The applicant then has 28 days to submit a Personal Information Form (PIF) which is the main application document. For more details see the applying section of this site.

Unlike Australia, detention of asylum seekers is not mandatory in Canada. Although it is practiced, it is considered an exceptional measure. The law allows for detention under three conditions: to establish a person's identity, when the person poses a flight risk or when the person poses a danger to the public.
In cases when asylum seekers are detained a review is conducted within 48 hours. Asylum seekers can also ask for their detention to be reviewed at any time.

For more details on Canda's detention centres see the housing section of this site.
For more information on when asylum seekers can be detained see the CIC website

In cases where people are found not eligible to have their claim heard, a departure order will be issed for them to leave Canada. In most cases they will be put onto the first available flight back to where they came from.