Canada signed the Geneva Convention of 1951 and the 1967 protocol to the convention. The Canadian government uses the Geneva Convention definition of Convention Refugee.

Whether a person claims to be a Convention refugee at a Canadian port-of-entry or after entry into Canada, it is the Immigration and Refugee Board (IRB), which determines whether he or she is a Convention refugee. The IRB is an independent, quasi-judicial, specialized tribunal composed of members appointed by the government.

However, it is Canada Immigration (CIC) which determines whether the claimant is eligible to have his or her claim heard at the IRB. The person making a refugee claim must complete a questionnaire. The questions are related to issues such as: identity and travel documents, education and employment history, date of birth, family members, marital status, immigration status anywhere, their route to Canada, criminal record, previous refugee claims, and previous removal from Canada.

Most refugee claimants are found eligible to have their claims heard at the IRB. However, a person may not be eligible for the following reasons: Convention Refugee in another country where the claimant has a right to reside; a serious criminal record; is considered a security risk (past involvement in terrorism); making a second claim in Canada within 90 days of prior departure.

If the person is found eligible to make a refugee claim, the Senior Immigration Officer will issue a conditional removal order against the claimant and the case is referred to the IRB to be heard. If the refugee claimant is recognized as a Convention Refugee, the conditional removal order never comes into effect. On the other hand, if the refugee claim is rejected or declared abandoned, the removal order becomes effective.

Once found eligible, the refugee claimant has access to benefits such as: health insurance, education, social assistance (welfare), and legal assistance (the scope of which varies from province to province). Any refugee claimant who is found eligible receives a package containing the following documents: Refugee Claimant Canadian ID, form for medical exams, federal medical emergency coverage, and the Personal Information Form (PIF).

The PIF must be completed and filed with the IRB within 28 days of being found eligible. An extension of time is more likely to be granted if submitted before the 28-day period has expired. After submitting the PIF to the IRB and if the medical exams have been passed, the refugee claimant can apply for a work permit. If a refugee claimant does not file the PIF, the IRB can declare the case abandoned which leads to the removal of the abandoned refugee claimant.

The PIF is the key written document in the application for refugee status. Most of the PIF questions, as in the eligibility form, are related to issues of identity, the route to Canada and other travel and immigration related information, education and employment history, family links and members, marital and immigration status, criminality, either refugee claim or convention refugee status elsewhere, removal from Canada and the most important one, why the person fled his/her country. The PIF's addendum addresses some procedural and legal issues of the case. Amendments to the PIF can be made up until the actual day of the refugee hearing.

Several months after the PIF is filed with the IRB, the Board will give notice of the time and place of the refugee determination hearing. The most important thing to do before the hearing is to gather evidence and to prepare the refugee claimant for the hearing. The IRB may hold a pre-hearing conference to narrow issues and for the disclosure of evidence. The parties have to disclose and file evidence before the hearing within specified time limits (20 days before the date set for the hearing) or the IRB may refuse to admit it.

Hearings are conducted by two members of the IRB, unless the refugee claimant consents to the claim being heard by a single member. The refugee hearing is defined as non-adversarial, private and confidential. Generally, those involved in the refugee hearing are the following: the refugee claimant, a qualified interpreter, the claimant's lawyer or legal representative, and the Refugee Claim Officer (RCO). The refugee claimant is considered the main witness. Either the lawyer or the legal representative helps the refugee claimant to present the case by questioning the claimant, researching and presenting documentary evidence, and making submissions Unrepresented claimants can present their own case. The RCO helps IRB members to reach a decision by questioning the claimant, pointing out the issues, researching and presenting written materials, and is not considered to be a "counsel for the other side."

There is an "expedited" (fast track) process as well, in which refugee claimants in clearcut cases can be accepted without a full hearing. The refugee claimant will be interviewed for about an hour by a Refugee Claim Officer, who after considering the country conditions and the particular circumstances of the claim, may recommend to an IRB member, that the refugee claimant be accepted as a Convention Refugee. If the claim is not accepted at an expedited hearing, the case is scheduled for a full hearing to be held at a later date.

After the case has been presented to the IRB members, unless the IRB members otherwise allow, participants at the hearing are expected to make their representations orally at the conclusion of the hearing. Then the IRB member can either render a decision from the bench or reserve it and send it by mail after. If the decision is reserved, the waiting period for the decision varies from a few days to several months.

If the refugee claimant is found to be a Convention Refugee, the person has 180 days from the date of receiving the IRB's written decision to apply for Permanent Resident status. The Convention Refugee has to meet the following requirements: provide some satisfactory form of identification; pay up-front the "processing" fee ($500 per adult and $100 per child); pay an extra $975 per adult, called the "right of landing" fee. The payment of the "right of landing" fee can be delayed until the date of the actual landing, or the person may apply for a loan from Immigration Canada. The official processing time for a completed application is 18 months.

If the refugee claimant is found not to be a Convention Refugee, the rejected refugee may apply, within 15 days from the date of receiving the IRB's negative decision, to both the Federal Court for permission (leave) to review the IRB negative decision and to the Post-Determination Refugee Claimants in Canada Class (PDRCC). The time periods are concurrent. The rejected refugee will be allowed to stay in Canada while these applications are pending. There is a $50 filing fee at the Federal Court. There is no fee for a PDRCC application. Regarding the Federal Court, even though a lawyer is not needed for applying to Federal Court, the rejected refugee will need a lawyer to submit the memorandum of argument (within the 30 days to follow after the application) and, if the case receives leave for judicial review, to make an oral argument before the Judge. The Judge will decide if the rejected refugee case is to be sent back to the IRB for a rehearing or if the negative decision stays. Very few applications are successful.

In regard to the PDRCC, the refused claimant has 30 days after filing the application to make submissions as to why he or she will be at "objectively identifiable risk" if he/she is removed back to his/her own country. Very few applications are successful. If the PDRCC unit decides positively, the beneficiary can apply for permanent resident status. On the other hand, if both the Federal Court and the PDRCC are negative, the person becomes removable from Canada.

At any time, a refugee claimant or a refused claimant (still in Canada), can apply for permanent resident status in Canada on Humanitarian and Compassionate grounds (H&C). The "processing" fee ($500 per adult and $100 per child) applies to this application and has to be paid up front. If the application succeeds, the person will be landed in Canada and the "right of landing" fee applies. A pending H&C application does not stop deportation procedures. Very few such applications are successful.

Regarding removals, the rejected refugee has two choices: either to leave Canada voluntarily, within the 30 days after receiving the last negative decision (most probably from the PDRCC unit), to a country of his/her choice (with a legal entry to that country), or to be removed from Canada by CIC. If the rejected refugee is removed by CIC he/she will face two different procedures, depending on where he/she entered Canada. According to the Canada/US Memorandum of Understanding currently in operation, if the refugee claimant entered via the United States and made a claim at the border, the rejected refugee will be removed back to the U.S. If the refugee claim was made either in-land (inside Canada) or at any Canadian International Airport, the rejected refugee will be deported directly back to his/her home country.