IMM 5604 – Request for a Refugee Hearing

1. What is the purpose of the IMM 5604 – Request for a Refugee Hearing form?

The purpose of the IMM 5604 – Request for a Refugee Hearing form is to initiate the refugee claim process in Canada. By completing this form, individuals who are seeking protection as refugees can formally request a hearing before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada. The form collects essential information about the claimant, including personal details, reasons for seeking refugee protection, and any supporting documentation. Submitting the IMM 5604 signals the intention to pursue refugee status in Canada, leading to the scheduling of a hearing where the claimant can present their case and provide evidence to support their need for protection. It is a critical step in the refugee determination process and allows individuals to seek asylum and have their claims assessed through a fair and impartial hearing.

2. Who is eligible to submit an IMM 5604 form for a refugee hearing?

Individuals who are in Canada and seeking refugee protection are eligible to submit an IMM 5604 form for a refugee hearing. This form is typically filled out by individuals who have been found ineligible to make a refugee claim at a port of entry or who have had their refugee claim referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board. It is crucial for individuals seeking refugee protection to submit the IMM 5604 form in a timely manner in order to have their case heard by the RPD and to have the opportunity to present their case for protection in Canada.

3. What information and documentation are required to complete the IMM 5604 form?

To complete the IMM 5604 form for a refugee hearing, several important pieces of information and documentation are required:

1. Personal Information: This includes details such as your full name, date of birth, contact information, and any other relevant personal information.

2. Claim Details: You will need to provide information about why you are seeking refugee status, including the reasons for your fear of persecution in your home country.

3. Supporting Documentation: It is crucial to include any supporting documentation that can help substantiate your claim for refugee status. This may include documents such as identification papers, police reports, medical records, witness statements, and any other evidence that supports your case.

4. Declaration: You will need to sign a declaration stating that all the information provided on the form is true and accurate to the best of your knowledge.

By ensuring you provide all the required information and documentation accurately and thoroughly on the IMM 5604 form, you can strengthen your case for a successful refugee hearing.

4. How should one prepare for a refugee hearing after submitting the IMM 5604 form?

After submitting the IMM 5604 form and preparing for a refugee hearing, there are several important steps to take to ensure readiness and increase the chances of a successful outcome:

1. Gather Evidence: Collect all relevant documents and evidence to support your claim for refugee status. This may include country reports, witness statements, medical records, and any other documentation that corroborates your story.

2. Legal Representation: Consider hiring a lawyer or seeking assistance from a legal aid organization to help with the preparation of your case and representation during the hearing. An experienced legal professional can provide valuable guidance and support throughout the process.

3. Prepare Your Testimony: Practice recounting your story and the reasons why you are seeking refugee protection. Be concise, truthful, and consistent in your narrative to present a clear and compelling case.

4. Familiarize Yourself with the Process: Understand the format of the refugee hearing, including the roles of the decision-maker, interpreter, and any other individuals involved. Knowing what to expect can help alleviate anxiety and ensure you are adequately prepared.

5. Attend Information Sessions: Take advantage of any information sessions or workshops offered by refugee advocacy organizations or legal clinics. These sessions can provide valuable insights into the refugee determination process and offer tips on how to effectively present your case.

6. Maintain Communication: Stay in communication with your legal representative and ensure that you are informed of any updates or changes related to your case. Keep detailed records of all interactions and correspondence throughout the process.

By taking these steps and adequately preparing for your refugee hearing after submitting the IMM 5604 form, you can enhance your chances of success and present a strong case for refugee protection.

5. What are the different grounds for seeking refugee protection in Canada?

In Canada, individuals can seek refugee protection on various grounds, which are outlined in the Immigration and Refugee Protection Act (IRPA). Some of the key grounds for seeking refugee protection in Canada include:

1. Persecution: Individuals can apply for refugee protection if they fear persecution in their home country based on factors such as race, religion, nationality, political opinion, or membership in a particular social group.

2. Humanitarian and Compassionate Grounds: This ground is applicable when individuals are not eligible for refugee protection but have compelling reasons related to their establishment in Canada, such as family ties, community support, or hardship.

3. Gender-based Violence: Women and LGBTQ+ individuals who face persecution or discrimination based on their gender or sexual orientation can seek refugee protection in Canada. This includes protection from practices such as female genital mutilation, forced marriage, or persecution due to sexual orientation or gender identity.

4. War and Armed Conflict: Individuals fleeing war-torn regions or countries where armed conflict has resulted in serious threats to their safety and well-being may be eligible for refugee protection in Canada.

5. Environmental Disasters and Climate Change: While not explicitly defined in the IRPA, individuals who are displaced due to environmental disasters or the effects of climate change may seek refugee protection on humanitarian grounds.

These are some of the grounds under which individuals can seek refugee protection in Canada. It is important for applicants to demonstrate a well-founded fear of persecution or harm and to provide relevant evidence to support their claim during the refugee hearing process.

6. Can someone seek refugee protection in Canada if they are facing persecution in their home country?

Yes, someone can seek refugee protection in Canada if they are facing persecution in their home country. According to Canadian law, individuals who have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group are eligible to apply for refugee protection. Persecution can take many forms, including physical harm, discrimination, harassment, or other serious violations of human rights. To be eligible for refugee status, the individual must demonstrate that they are unable or unwilling to seek protection from their home government due to the persecution they are facing. The process of seeking refugee protection in Canada involves submitting a Request for a Refugee Hearing (IMM 5604 form), attending a hearing before the Immigration and Refugee Board of Canada, and providing evidence to support their claim for protection.

7. What is the role of a legal representative in the context of completing the IMM 5604 form?

The role of a legal representative in the context of completing the IMM 5604 form is crucial in ensuring that the refugee claimant’s application is prepared accurately and thoroughly. Here are several key points to consider:
1. Legal Advice: The legal representative provides expert guidance on the completion of the form, ensuring that all necessary information is included and presented in a clear and concise manner.
2. Document Preparation: They assist in gathering relevant documentation to support the refugee claimant’s case, such as identity papers, supporting documents, and any additional evidence.
3. Legal Review: The legal representative reviews the completed form to ensure compliance with regulatory requirements and to address any potential issues or inconsistencies.
4. Submission: They are responsible for submitting the completed IMM 5604 form to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) on behalf of the claimant.
5. Representation: A legal representative may also represent the claimant during the refugee hearing, advocating for their case and presenting arguments to support their claim for refugee protection.

In summary, a legal representative plays a vital role in the preparation and submission of the IMM 5604 form, ensuring that the refugee claimant’s case is presented effectively and accurately before the RPD.

8. How long does it typically take to receive a decision on a refugee claim after submitting the IMM 5604 form?

After submitting the IMM 5604 form requesting a refugee hearing, the timeline for receiving a decision on a refugee claim can vary significantly. Typically, the decision-making process can take several months to over a year, depending on various factors such as the complexity of the case, the volume of pending cases at the Refugee Protection Division (RPD), and the availability of resources. In some cases, urgent or expedited hearings may be prioritized, leading to a quicker decision. It is important to note that each case is unique, and the exact timeframe for receiving a decision on a refugee claim can be unpredictable. Applicants should stay in regular contact with their legal representatives and ensure they are informed about any updates or timelines related to their case.

9. Is it possible to appeal a negative decision on a refugee claim after submitting the IMM 5604 form?

Yes, it is possible to appeal a negative decision on a refugee claim after submitting the IMM 5604 form. Here are some key points to consider in relation to this process:

1. If your refugee claim is rejected by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada, you have the right to appeal the decision to the Refugee Appeal Division (RAD).
2. The RAD is an independent tribunal that will review the RPD’s decision to determine if any errors were made in the decision-making process.
3. It is important to note that there are strict deadlines for filing an appeal to the RAD, typically within 15 days of receiving the RPD’s decision.
4. It is recommended to seek legal representation when appealing a negative decision on a refugee claim, as the process can be complex and having legal guidance can increase your chances of a successful appeal.

Overall, it is possible to appeal a negative decision on a refugee claim after submitting the IMM 5604 form, but it is important to act quickly and seek professional assistance to navigate the appeal process effectively.

10. What are the rights and responsibilities of an individual while their refugee claim is being processed after submitting the IMM 5604 form?

Once an individual has submitted the IMM 5604 form requesting a refugee hearing, they are entitled to certain rights during the processing of their claim. These rights include:

1. The right to remain in Canada during the processing of their claim, unless there are exceptional circumstances that warrant their removal.
2. The right to legal representation throughout the refugee determination process.
3. The right to be informed of the reasons for any decisions made on their claim.
4. The right to a fair and impartial hearing before the Refugee Protection Division of the Immigration and Refugee Board.
5. The right to appeal any negative decision on their claim to the Refugee Appeal Division.

However, along with these rights, individuals also have certain responsibilities while their refugee claim is being processed. These responsibilities include:

1. Cooperating fully with the Immigration and Refugee Board and providing all relevant information and supporting documents for their claim.
2. Attending all required appointments and hearings related to their claim.
3. Keeping the Immigration and Refugee Board informed of any changes in their contact information or circumstances that may affect their claim.
4. Adhering to any conditions imposed on them during the processing of their claim, such as reporting requirements or restrictions on travel outside of Canada.

By understanding and fulfilling both their rights and responsibilities during the refugee claim process, individuals can ensure that their case is handled fairly and efficiently.

11. Can someone in Canada make a refugee claim at a port of entry or only through the submission of the IMM 5604 form?

In Canada, individuals can make a refugee claim at a port of entry or through the submission of the IMM 5604 form. Making a claim at a port of entry is known as an “express entry” process where individuals can inform Canadian border officials of their intention to seek refugee protection. Alternatively, individuals can also submit the IMM 5604 form to the Immigration and Refugee Board (IRB) to formally begin the process of requesting a refugee hearing. Both methods are legitimate ways to initiate the refugee claim process in Canada, and individuals have the option to choose the method that best suits their circumstances.

12. What is the difference between a refugee claim and an asylum claim?

1. A refugee claim and an asylum claim both seek protection for individuals who have fled their home country due to a fear of persecution. The main difference between the two lies in where the claim is made.

2. A refugee claim is made by individuals who are outside their home country and seeking protection in a country that is a signatory to the Refugee Convention. In Canada, this process is initiated by submitting a document known as the IMM 5604 – Request for a Refugee Hearing.

3. On the other hand, an asylum claim is made by individuals who are already present within the territory of a country and seek protection by applying for refugee status. This can be done at the port of entry or within the country itself.

4. While the essence of both claims is the same – seeking protection from persecution – the procedural aspects and the legal framework under which they are assessed may vary depending on whether the claim is classified as a refugee claim or an asylum claim.

13. Are there any fees associated with submitting the IMM 5604 form for a refugee hearing?

Yes, there are no fees associated with submitting the IMM 5604 form for a refugee hearing. This form is the official Request for a Refugee Hearing, and it is used by individuals seeking protection in Canada to apply for a hearing before the Immigration and Refugee Board (IRB). The Canadian government does not charge any fees for submitting this form or for the refugee determination process as a whole. This is to ensure that individuals who are fleeing persecution and in need of protection are not impeded by financial barriers from accessing the refugee system. As such, applicants can submit their IMM 5604 form free of charge to begin the process of seeking refugee status in Canada.

14. Can someone apply for refugee protection in Canada if they have already been denied refugee status in another country?

Yes, an individual can apply for refugee protection in Canada even if they have been previously denied refugee status in another country. When a person seeks refugee protection in Canada, their claim will be assessed based on Canadian laws and regulations, regardless of any previous outcomes in other countries. However, it is important to note that previous refugee denials in other countries may impact the credibility assessment of the applicant’s claim in Canada. Factors such as consistency in the asylum seeker’s narrative, evidence supporting their claim, and reasons for the previous denials will be considered in determining the validity of the new claim. Each case is assessed individually, and a previous denial does not automatically disqualify someone from seeking refuge in Canada.

15. What factors are considered by the Refugee Protection Division when assessing a refugee claim submitted through the IMM 5604 form?

The Refugee Protection Division considers several key factors when assessing a refugee claim submitted through the IMM 5604 form. These factors include:

1. Well-founded fear of persecution: The claimant must demonstrate a well-founded fear of persecution based on one or more protected grounds, such as race, religion, nationality, political opinion, or membership in a particular social group.

2. Credibility: The RPD assesses the credibility of the claimant’s testimony and supporting evidence to determine the consistency and plausibility of their account.

3. Country conditions: The RPD evaluates the current situation in the claimant’s country of origin, including the existence of a risk of persecution or harm, and considers whether the claimant could access state protection if necessary.

4. Internal flight alternative: The RPD may assess whether the claimant could reasonably relocate within their country of origin to avoid persecution.

5. Changed circumstances: If there have been significant changes in the claimant’s country of origin since their departure, the RPD considers whether these changes affect the claimant’s risk of persecution upon return.

Overall, the Refugee Protection Division takes a comprehensive approach to evaluating each refugee claim submitted through the IMM 5604 form, considering a range of factors to determine whether the claimant meets the criteria for refugee protection in Canada.

16. Can someone be deported while their refugee claim is pending after submitting the IMM 5604 form?

1. Generally, individuals who have submitted an IMM 5604 form requesting a refugee hearing in Canada are protected from deportation until a decision is made on their refugee claim. This protection is known as the Principle of Non-Refoulement, which prohibits the removal of individuals to a country where they would face persecution or other serious harm.
2. However, there are exceptions to this rule. If a person’s claim is determined to be ineligible for a refugee hearing or if a removal order was issued prior to the submission of the IMM 5604 form, the individual may still face deportation. Additionally, if new information arises indicating that the person is a danger to the public or national security, deportation proceedings may also be initiated.
3. It is important for individuals with pending refugee claims to stay informed about the status of their case and to comply with any requirements or requests from Canadian immigration authorities to avoid any potential risks of deportation. It is advisable for them to seek legal advice and assistance to ensure their rights and protection are upheld throughout the refugee claim process.

17. How does the Immigration and Refugee Board of Canada process refugee claims submitted through the IMM 5604 form?

The Immigration and Refugee Board of Canada (IRB) processes refugee claims submitted through the IMM 5604 form in a thorough and systematic manner. Upon receiving the form, the IRB assigns a Refugee Protection Division (RPD) Member to conduct a hearing to assess the claim.

1. The claimant must attend the hearing and provide testimony regarding their reasons for seeking refugee status.
2. The IRB Member will evaluate the claim based on the criteria outlined in the Immigration and Refugee Protection Act, which includes determining whether the claimant has a well-founded fear of persecution in their home country.
3. The Member will also consider country conditions, relevant evidence, and any documentation provided by the claimant.
4. After the hearing, the Member will issue a written decision outlining whether the claim is accepted or rejected.
5. If the claim is accepted, the claimant will be granted refugee status and provided with the necessary documentation. If the claim is rejected, the claimant may appeal the decision to the Refugee Appeal Division (RAD) or seek a judicial review.
Overall, the IRB carefully assesses each refugee claim submitted through the IMM 5604 form to ensure that those in need of protection are granted refugee status in Canada.

18. What are the consequences of providing false information or documentation on the IMM 5604 form for a refugee hearing?

Providing false information or documentation on the IMM 5604 form for a refugee hearing can have serious consequences for the applicant. Here are some of the implications:

1. Legal implications: Submitting false information or documentation is considered misrepresentation under Canadian immigration law. This can lead to the refusal of the refugee claim and potentially result in a ban on entering Canada in the future.

2. Credibility issues: Providing false information can damage the credibility of the applicant’s refugee claim. The Refugee Protection Division will assess the applicant’s credibility during the hearing, and any dishonesty can undermine the entire claim.

3. Criminal charges: In severe cases of fraud or misrepresentation, criminal charges may be laid against the applicant. This can result in legal consequences beyond the immigration process.

4. Revocation of refugee status: If false information is discovered after the refugee status has been granted, the status may be revoked, leading to potential deportation.

In conclusion, providing false information or documentation on the IMM 5604 form can have grave consequences for the applicant’s refugee claim and future immigration prospects. It is crucial to be truthful and accurate in all submissions to avoid such severe repercussions.

19. What are the options available to someone whose refugee claim is denied after submitting the IMM 5604 form?

When someone’s refugee claim is denied after submitting the IMM 5604 form, there are several options available to them:

1. Appeal the decision: The first option is to appeal the decision to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB). The RAD will review the decision made by the Refugee Protection Division (RPD) and assess whether there were any errors in the decision-making process.

2. Apply for a Pre-Removal Risk Assessment (PRRA): If the refugee claim is denied and the person is facing removal from Canada, they may apply for a PRRA. This assessment evaluates the risk the individual may face if returned to their home country and determines if they are eligible for protection in Canada.

3. File for judicial review: Another option is to seek judicial review of the decision through the Federal Court of Canada. This process involves asking the court to review and potentially overturn the decision made by the IRB if there are grounds for judicial intervention.

4. Explore other forms of legal relief: In some cases, there may be other avenues for seeking protection in Canada, such as humanitarian and compassionate considerations or making a claim based on international human rights laws.

It is important for individuals in this situation to seek legal advice from an immigration lawyer or a qualified representative to understand their options and determine the best course of action based on their individual circumstances.

20. How can someone access legal support or resources while preparing and submitting the IMM 5604 form for a refugee hearing?

1. Accessing legal support or resources while preparing and submitting the IMM 5604 form for a refugee hearing is crucial to ensure a strong case presentation and representation during the hearing process. One primary way to access legal support is through consulting with a reputable immigration lawyer or a legal clinic specializing in refugee law. These professionals can provide guidance on completing the form accurately, gathering necessary supporting documentation, and preparing a robust case strategy.

2. Additionally, individuals seeking a refugee hearing can also reach out to refugee settlement organizations or legal aid services that offer pro bono or low-cost legal assistance to refugees and asylum seekers. These organizations often have experienced staff or volunteers who can provide invaluable support and resources throughout the refugee claim process, including help with filling out the IMM 5604 form and understanding the legal requirements.

3. It is essential to conduct thorough research and reach out to multiple sources for legal support to ensure that the information provided is accurate and reliable. By accessing legal support or resources early in the process of preparing and submitting the IMM 5604 form, individuals can increase their chances of a successful refugee hearing and obtaining protection in Canada.