The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board that hears and decides matters involving individuals claiming to be falling under the protected person status. Claims for refugee status can be made under two categories:
- a convention refugee; or
- a person in need of protection.
Refugee Claims can be made at the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) office in Canada or in any Port of Entry, such as a border or airport. Refugee Claims may likewise be made from outside of Canada which are only processed by the IRCC and not by the Refugee Protection Division.
Upon claiming protected person status, such a person is required to appear in a hearing proceeding. He/she has the burden to make his case that he/she is indeed a person in need of protection or a convention refugee. After the hearing proceeding, the deciding tribunal will make a decision on whether or not the claimant appearing before it is in fact a convention refugee or a person in need of protection.