If you have a legal question, and you live in Ontario, this site is for you.
LawFacts provides in-depth legal information and resources.

 

Designated Countries of Origin (DCOs)

Under the refugee law system, some countries are listed as Designated Countries of Origin (DCOs). If you are from one of these countries, you can still make a refugee claim, but your claim will be treated differently. The timelines for making your claim will be much faster.

How does being from one of the Designated Countries of Origin (DCOs) affect my hearing date?

You will not have as much time before for your hearing if you are from a DCO. The date of your hearing depends on how you started your claim:
  • if you are making a claim when you arrive in Canada, your hearing will be within 45 days of your claim being sent to the Immigration and Refugee Board (IRB)
  • if you are making a claim from inside Canada, your hearing will be within 30 days of your Basis of Claim form being sent to the IRB
The exact date of your hearing is on your “Notice to appear for a hearing.” You will also have to work faster to get your documents to support your claim, since these are due 10 days before your hearing. As of July 2015, refugee claimants from DCO countries whose claims are refused have access to the Refugee Appeal Division (RAD) as a result of a successful constitutional challenge brought to the Federal Court.

What happens if I lose my claim?

If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you. Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes. Find out if you can use any of these options to stay in Canada:

Pre-removal risk assessment

If you are told to leave Canada, you may be able to apply under this process if a year has passed since your refugee claim was refused (3 years must have passed if you are from a DCO country). If you meet this timeline, you will be given a PRRA form that has to be filed within 15 days. You then have 15 more days to new evidence of the risk you would face if returned to your country.

Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada

If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD.

Apply to the Federal Court of Canada for judicial review

You can have a lawyer apply to the Federal Court of Canada to review the negative decision made on your refugee claim, or a decision made on an appeal to the Refugee Appeal Division appeal.

Applying for permanent resident status on Humanitarian and compassionate grounds

In some circumstances, people are allowed to become permanent residents under this type of application which is an exception to the rule that all applicants for permanent resident status apply from outside Canada.

Can I get help from Legal Aid Ontario (LAO) if I am from a designated country?

You might be able to get assistance from LAO. Refugee claims from all countries go through a screening process to determine if they are eligible.

Will I be able to get a work permit?

Claimants are eligible for a work permit after they have submitted their Basis of Claim (BOC) form to the Refugee Protection Division. If, however, you are from a Designated Country of Origin, you will not be given a work permit until you get a positive decision on your claim or once 180 days have passed since your claim was referred to the IRB.

Will I get health care?

As a result of successful litigation at Federal Court that found the denial of healthcare to certain refugees unconstitutional, healthcare has been restored to pre-2012 coverage. The Interim Federal Health Program (IFHP) provides limited, temporary coverage of health-care benefits to people in the following groups who aren’t eligible for provincial or territorial health insurance
  • protected persons, including resettled refugees;
  • refugee claimants; and
  • certain other groups.
The IFHP does not cover the cost of health-care services or products that a person may claim (even in part) under a public or private health insurance plan. The IFHP does not coordinate benefits with other insurance plans/programs so co-payments aren’t possible. If you are a refugee selected for resettlement, you may also be covered for certain medical services before you leave for Canada. Find out:
  • if you are eligible for pre-departure medical services and
  • which services are covered.
For information about the benefits available, see Interim Federal Health Program: Summary of Coverage.

Different process for DCO claimants

There are other ways that your claim will be treated differently. For example, if you receive a negative decision and you are from a Designated Country of Origin, you cannot apply for a Pre-Removal Risk Assessment (PRRA), a review of the risk of danger or persecution you would face in your country before deportation, for 36 months after you get your decision. (Other claimants may apply after 12 months.) This means that you could be deported without your risk of danger or persecution being reviewed. The only exception would be if there have been major changes in your country between the decision and your deportation and your country has been put on a list by IRCC.