Comparisons - Seeking Asylum

Please note: this website was created in 2003 and there have been several changes in relevant Australian legislation since that time (probably Canadian too). The website is kept online as an overview of the situation at that time but has not and will not be updated.
Canada - Results & Appeal	<< tour previous

Waiting times can vary from case to case but are generally shorter than those experienced by Australian asylum seekers.

A university study found that in 1999 the average time taken to reach a decision was 9 months.
more about this study >>

The Immigration Review Board's decision may be handed down immediately after the hearing or sent to the applicant at a later date.

If approved the applicant then has 180 days to apply for permanent residence and citizenship in Canada.

If rejected the following appeal processes may be followed

Appeal under the Post-Determination Refugee Claimants in Canada Class (PDRCC) - no guarantee of hearing.
Appeal to the Federal Court to review the IRB decision. Asylum seekers are not guaranteed stay in country during this process however.
Application for permanent residence under Humanitarian and Compassionate grounds. Very few applications are approved under this category.

For more details on this process see Canadian section of asylumlaw.org

If all other avenues fail, a removal order will be issued.

A Pre Removal Risk Assessment may be undertaken to ensure person won't be at risk where they go
for more details on the PRRA see the CIC website and the Canadian Report of the US Committee for Refugees

Canada - Results & Appeal