< Canadian Refugee Procedure

Acronyms

Common acronyms used herein:[1]

  • BOC: Basis of Claim Form
  • CBSA: Canada Border Services Agency
  • CIC: Citizenship and Immigration Canada (the former name for IRCC)
  • COI: Country of Origin Information.[2]
  • DCO: Designated Country of Origin[3]
  • IRCC: Immigration, Refugees and Citizenship Canada
  • DFN: Designated Foreign Nationals
  • IRB: Immigration and Refugee Board of Canada
  • IRPA: Immigration and Refugee Protection Act
  • JG: Jurisprudential Guide[2]
  • NDP: National Documentation Package[2]
  • RAD: Refugee Appeal Division
  • RPD: Refugee Protection Division
  • IRCC: Immigration, Refugees and Citizenship Canada
  • NDP: National Documentation Package
  • PIF: Personal Information Form (Predecessor to the BOC)
  • POE Claim: Port of Entry Claim[3]
  • PRRA: Pre-Removal Risk Assessment
  • UNHCR: United Nations High Commissioner for Refugees

Terms

  • Asylum seeker: individuals whose request for sanctuary has yet to be processed.[4]
  • Country of origin information (COI) is defined as "Information about the situation in a country that is relevant to the refugee determination process and obtained from publicly available sources that are viewed as, whenever possible, reliable and objective" in the Board's Policy on National Documentation Packages in Refugee Determination Proceedings.[2]
  • Identity: for commentary on the meaning of the term "identity" as it is used in the IRPA and the RPD Rules, see: Canadian Refugee Procedure/Information and Documents to be Provided#"Identity" as the term is used in the Act and the Rules refers to personal/national identity.
  • Inland office: Any office of Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) inside Canada.[5]
  • Jurisprudential Guide (JG) is defined as "A decision identified by the Chairperson as a JG pursuant to section 159(1)(h) of the Immigration and Refugee Protection Act (IRPA)" in the Board's Policy on National Documentation Packages in Refugee Determination Proceedings.[2]
  • Landed Immigrant: this is an old term that was used under the previous immigration Act and has been replaced by the term "permanent resident".[6]
  • Member: Decision maker on the RAD or RPD.[3]
  • National Documentation Package (NDP) is defined as "A selection of COI documents on a given country from which refugee claims originate, compiled by the RD based on information that is, whenever possible, accurate, balanced, and corroborated" in the Board's Policy on National Documentation Packages in Refugee Determination Proceedings.[2]
  • Non-refoulement is the legal principle banning expulsion and non-admittance of refugees at the border of States Parties[7] where they would be returned to a country in which they face serious threats to their life or freedom.[8]
  • Permanent resident: The right to live, work, study and remain in Canada under specific residency obligations.

Definitions

  • Interpretation refers to the oral transfer of meaning between languages.[9] See, in contrast, translation.
  • Translation refers to the written transfer of meaning between languages.[9] See, in contrast, interpretation.

The Refugee Protection Division Rules themselves include a definitions section, which see: Canadian Refugee Procedure/Definitions. The Act also includes a definitions section, which see: Canadian Refugee Procedure/Definitions, objectives, and application of the IRPA#IRPA Section 2.

References

  1. ↑ Refugee Hearing Preparation: A Guide for Refugee Claimants, 2019, Page 1 <https://refugeeclaim.ca/wp-content/themes/refugeeclaim/library/guide/rhpg-vancouver-en.pdf>
  2. 1 2 3 4 5 6 Immigration and Refugee Board of Canada, Policy on National Documentation Packages in Refugee Determination Proceedings, Effective date: June 5, 2019, <https://irb-cisr.gc.ca/en/legal-policy/policies/Pages/national-documentation-packages.aspx> (Accessed August 30, 2020).
  3. 1 2 3 Legal Aid Ontario, Refugee Case Law Toolkit <https://www.legalaid.on.ca/wp-content/uploads/Refugee-Case-Law-toolkit-EN.pdf>, page 7 (Accessed January 25, 2020).
  4. ↑ United Nations High Commissioner for Refugees, Asylum-Seekers, <https://www.unhcr.org/en- us/asylum-seekers.html> (Accessed May 9, 2020).
  5. ↑ Immigration and Refugee Board of Canada, Claimant's Guide (Print version), Version 5 - 2018 <https://irb-cisr.gc.ca/en/refugee-claims/Pages/ClaDemGuide.aspx> (Accessed January 25, 2020).
  6. ↑ Woo v. Canada (Citizenship and Immigration), 2007 CanLII 69120 (CA IRB), par. 2, <http://canlii.ca/t/20z95#2>, retrieved on 2020-02-05.
  7. ↑ Atle Grahl-Madsen, Commentary on the Refugee Convention 1951, Articles 2–11 (Division of International Protection of the United Nations High Commissioner for Refugees 1997), 13–37.
  8. ↑ UN General Assembly, “Convention Relating to the Status of Refugees.”
  9. 1 2 Tess Acton, Understanding Refugee Stories: Lawyers, Interpreters, and Refugee Claims in Canada, 2015, Master of Laws Thesis, <https://dspace.library.uvic.ca/bitstream/handle/1828/6213/Acton_Tess_LLM_2015.pdf>, page 39 (Accessed January 23, 2020).
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