To be eligible to apply for permanent residence under this category, the applicant must have been determined by the Refugee Protection Division (RPD), the Refugee Appeals Division (RAD) or by a Senior Immigration Officer (SIO) (for a PRA) as a protected person, or be a member of the Protected Temporary Resident class (PTR) whose medical examination has been finalized by the visa officer.

Protected persons recognized by the IRB

Foreign nationals that are in need of protection as described by the United Nations Convention of the Refugee. These people fear persecution and are in imminent anger in their home countries. In these cases, the Immigration and Refugee Board (IRB) is who decides if a person is a Convention refugee or a person in need of protection.
Convention refugees: Are outside their country or origin, or the country they live on a normal basis and they are not able to return because they fear persecution based on their: race, religion, political opinion, nationality, or because they are members of a social group.
Person in need of protection: A person who is in Canada and cannot return to their country of citizenship or residence safely. The reasons that would impede them to return are related to what they would suffer if they do, as being in risk of being subject to torture, their lives are at risk, and/or they are at risk of being subjected to unusual treatment or punishment.
You will not be considered as a protected person nor as a convention refugee if:

  • You have already been recognized as a convention refugee by another country and you can return to it,
  • If you already are a protected person in Canada,
  • You arrive in Canada through the Canada- United States border *
  • You are inadmissible to Canada based on security grounds, previous criminal activity, or if you have committed human rights violations,
  • Have already tried to make a claim that was found not eligible, or that was rejected by the IRB,
  • Abandoned or withdrew a previous refugee claim.

*(additional conditions- Safe Third Country Agreement)

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