I have a refugee hearing and there’s an exclusion issue. What does this mean?
If you're excluded, you do not get refugee protection.
This can happen if there's certain that shows you do not need refugee protection or you do not deserve refugee protection.
You may be excluded if, for example:
- you already have protection or permanent status in another country, you had this status but lost it, or you were allowed to get this status but never did
- you committed a serious non-political crime outside Canada
- you broke international human rights laws, or
- there are other security concerns
Step 2 says more about what exclusion means.
Minister gets involved
If the Minister thinks you might be excluded, they can intervene in your refugee hearing or appeal. That's called a Ministerial intervention.
There are also other reasons the Minister can get involved.
Sometimes the (IRB) may ask the Minister to get involved in a case.
Who is the Minister?
Minister can mean Canada's Minister of Immigration, Refugees and Citizenship. They lead Immigration, Refugees, and Citizenship Canada (IRCC).
Or Minister can mean Canada's Minister of Public Safety and Emergency Preparedness. They lead Canada Border Services Agency (CBSA).
If the Minister gets involved, someone from IRCC or CBSA may come to your hearing to represent them. This person is called Minister's Counsel.
What does Minister’s Counsel do?
Minister's Counsel can submit written arguments and evidence for your hearing. And, at your hearing, they can:
- present evidence
- make arguments
- ask you and your witnesses questions
Step 3 says what evidence may help you respond to the Minister.
Who decides?
A Member of the IRB will decide your refugee claim and if you're excluded.
Even if the Minister does not get involved, the Member could still exclude you based on the law and evidence.
Get legal help
If the Minister is involved in your refugee hearing, get legal help as soon as possible. These cases can be complex.
If the IRB refuses your refugee claim, you may have to leave Canada.
Responding to the Minister's evidence can be complicated. A lawyer or licensed representative can help you:
- explain why the Minister's information is wrong, or
- explain why you should still get refugee protection even if the information is correct.
They can also help you ask to reschedule your hearing if you need more time to prepare.