Refugee & Asylum Claims
Compassionate, expert representation before the Immigration and Refugee Board — IRB authorized all 4 divisions
IRB Authorized — All 4 Divisions
Mohamed Aboud | RCIC-IRB is authorized by the Immigration and Refugee Board to represent clients before the Refugee Protection Division (RPD), Refugee Appeal Division (RAD), Immigration Division (ID), and Immigration Appeal Division (IAD). This is a key differentiator — not all RCICs hold IRB authorization.
Refugee & Protection Claim Types
Refugee Protection (RPD)
The Refugee Protection Division (RPD) is the first level of refugee determination. If you are in Canada and fear persecution in your country of origin based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to make a claim for refugee protection. Mohamed Aboud represents claimants throughout the RPD process — from Basis of Claim preparation to the RPD hearing itself.
Refugee Appeal (RAD)
If your claim is rejected by the RPD, you may have the right to appeal to the Refugee Appeal Division (RAD) — typically within 15 days of receiving the written reasons. The RAD reviews the record and may allow, dismiss, or substitute a determination. Mohamed Aboud has significant experience at the appeal level and can assess whether your RPD refusal has strong grounds for a RAD appeal.
Humanitarian & Compassionate (H&C)
An H&C application is a discretionary remedy available to individuals who do not qualify as Convention refugees but whose removal from Canada would cause unusual, undeserved, or disproportionate hardship. H&C applications consider establishment in Canada, best interests of any children, country conditions, and personal circumstances. This is a complex avenue that requires compelling documentation and legal framing.
Pre-Removal Risk Assessment (PRRA)
A PRRA is an assessment available to individuals facing removal from Canada who have new evidence of risk not previously considered by the RPD or RAD. A positive PRRA can result in a stay of removal and protected person status. Mohamed Aboud can assess whether a PRRA application is viable in your situation and help you build the strongest possible record.
The Refugee Claim Process
Canada's refugee determination system is among the most fair and thorough in the world — but navigating it without representation is extremely difficult.
Claims are made at a port of entry (airport/border crossing) or inland at an IRCC office. You receive an initial eligibility interview. If eligible, your claim is referred to the RPD.
Within 15 days (inland) or 45 days (port of entry), you submit your Basis of Claim — a detailed account of why you fear return to your country of origin. This is the cornerstone of your case. Mohamed Aboud works extensively on BOC preparation.
Most refugee claimants are eligible to apply for an open work permit. This allows you to work legally in Canada while your claim is being processed — a process that often takes 12–24 months.
Your hearing before a Refugee Protection Division member where you testify about your claim. Mohamed Aboud prepares you thoroughly and represents you at the hearing, presenting arguments and responding to officer concerns.
A positive RPD decision grants you Protected Person status. You can then apply for permanent residence in Canada. Mohamed Aboud assists with the PR application following a successful claim.
Frequently Asked Questions
Yes, in most cases. Irregular entry itself does not prevent you from making a refugee claim, though it may be a factor in an officer's assessment of credibility. However, the Safe Third Country Agreement (STCA) between Canada and the United States generally prevents individuals who cross the US-Canada land border from making a refugee claim — with some exceptions (family members in Canada, unaccompanied minors, and certain public interest cases). Since March 2023, the STCA was expanded to cover the entire land border, including irregular crossings. This is a complex area of law — contact Mohamed Aboud immediately if you are in this situation.
If the RPD rejects your claim, you generally have 15 days to file a Notice of Appeal with the Refugee Appeal Division (RAD), and then 30 days to file the full appeal record. The RAD reviews RPD decisions for errors of law, fact, or mixed fact and law. If the RAD also denies your claim, further review options may include a Judicial Review at the Federal Court, a PRRA application, or an H&C application. Mohamed Aboud can assess your situation after a refusal and advise on the best path forward. Time is critical — contact us immediately after receiving a negative decision.
You are not legally required to have representation, but statistics consistently show that represented claimants have significantly higher acceptance rates than unrepresented claimants. Refugee hearings involve complex legal concepts including the definition of a Convention refugee, the Internal Flight Alternative (IFA), credibility assessment, and country condition evidence. The stakes — potential return to a country where you fear persecution — are extremely high. Mohamed Aboud provides compassionate, expert representation and works on a retainer model with transparent fees outlined in an Engagement Agreement before any work begins.
You Don't Have to Face This Alone
Mohamed Aboud | RCIC-IRB provides compassionate, experienced representation for refugee claimants. Contact us today — time limits in refugee matters are strict.