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Banks Avocats
Saint-Laurent, Canada

Founded in 2018
3 people in their team
Immigration Asylum Business Visa +13 more
Banks Avocats is a Montreal-based law firm serving businesses and individuals in Quebec, with services also extending across Canada. Led by founder Maître Jade Banks, the firm works with English- and French-speaking clients on civil, commercial, corporate, family, and immigration matters.The...
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Making a refugee protection claim from Saint-Laurent

Saint-Laurent is a borough of Montréal, so refugee claimants generally deal with federal immigration authorities and the Montréal offices of the Immigration and Refugee Board of Canada (IRB). Living in Saint-Laurent does not create a separate local claim process or change the legal test.

A claim may begin with the Canada Border Services Agency (CBSA) at a port of entry, including Montréal-Trudeau Airport in nearby Dorval, or with Immigration, Refugees and Citizenship Canada (IRCC) from inside Canada. If the claim is eligible, it is referred to the IRB’s Refugee Protection Division for a decision. The IRB determines the hearing arrangements; a hearing is not guaranteed to take place in Saint-Laurent.

Canada generally calls this process a refugee protection claim rather than an asylum application. The claimant must explain why returning to their country would expose them to persecution or another serious risk recognized by Canadian law, and support their account with consistent testimony and available evidence.

When a refugee lawyer can make a practical difference

  • You arrived through Montréal-Trudeau Airport. A lawyer can explain the initial CBSA interview, identify possible eligibility issues, and help you understand what happens if your claim is referred to the IRB.

  • You crossed the Canada-US border or travelled through another country. The Safe Third Country Agreement and other eligibility rules may affect whether your claim can be referred. A lawyer can assess exceptions and relevant travel documents before you make decisions about your case.

  • Your Basis of Claim form or evidence is incomplete. A lawyer can help organize dates, explain inconsistencies, and prepare supporting records and translations for the IRB’s requirements and deadlines.

  • You have experienced trauma or have difficulty communicating in a hearing. Counsel can help identify interpretation needs, request appropriate arrangements, and prepare you for questions about sensitive events.

  • You have family members, prior applications, or immigration issues in Canada. These details can affect eligibility, procedure, or how family claims are handled. Advice may be especially useful if documents or accounts differ between relatives.

  • You received a refusal, removal-related notice, or appeal deadline. Refugee matters can involve strict deadlines and different review options. A lawyer can identify what procedure applies and whether urgent action is required.

Federal and Quebec laws that may apply

Immigration and Refugee Protection Act (IRPA). In force since June 28, 2002, this federal statute sets the refugee protection framework, including the grounds for protection and rules that can make a claim ineligible for referral. The IRB applies the Act when deciding whether a claimant is a Convention refugee or a person in need of protection.

Immigration and Refugee Protection Regulations (IRPR). These federal regulations have also been in force since June 28, 2002. They provide procedural and eligibility rules that operate alongside the Act, including requirements relevant to claims and referrals.

Act respecting immigration to Québec. This Quebec statute, in force from April 1, 2018, governs aspects of provincial immigration selection and integration. It does not replace the federal refugee claim process or determine whether someone qualifies for refugee protection.

Border rules can change. For example, the Safe Third Country Agreement was expanded on March 25, 2023, to cover crossings between official ports of entry along the land border, subject to exceptions. A lawyer should check the rules in force for the claimant’s specific route and circumstances.

Frequently asked questions

What does “asylum” mean in Canada?

Canada generally uses the term “refugee protection” for this legal process. A person may qualify as a Convention refugee or as a person in need of protection, depending on the risks they would face if returned.

Who may qualify for refugee protection?

A Convention refugee must have a well-founded fear of persecution connected to a protected ground, such as race, religion, nationality, political opinion, or membership in a particular social group. A person in need of protection may qualify if return would expose them to specified serious risks, including torture or a risk to life.

Do I need a lawyer to make a claim?

You may represent yourself, but you are responsible for meeting deadlines, presenting your evidence, and explaining your account. Legal advice can be valuable where eligibility, credibility, trauma, family circumstances, or prior immigration history is an issue.

Where do I start a claim if I live in Saint-Laurent?

Claims may begin at a Canadian port of entry or through the applicable IRCC process for people already in Canada. The responsible federal authority will give instructions about next steps and, if the claim is referred, the IRB will handle the refugee protection hearing.

Is there a deadline to make a refugee claim?

Do not assume that waiting is harmless: delay can affect the assessment of your evidence, and eligibility rules may apply to your circumstances. Speak with a qualified representative promptly and verify current filing requirements with IRCC or the IRB.

How much time do I have to submit my Basis of Claim form?

The deadline depends on how the claim was made and the instructions issued with the referral. Deadlines have commonly differed for port-of-entry and inland claims, so check your notice immediately and get legal advice rather than relying on a general estimate.

How long does the process take in Montréal?

There is no guaranteed hearing date or overall processing time. Timing depends on the IRB’s caseload, the claim’s complexity, scheduling, and any procedural requests; check current IRB information for estimates.

What does a refugee lawyer cost in Saint-Laurent?

Private fees vary according to the work required, such as preparing forms, gathering evidence, or representing you at a hearing. Ask for a written fee agreement that explains what is included, and check whether you qualify for Quebec legal aid.

Can I get legal aid for my claim in Quebec?

Quebec’s legal aid system may provide assistance to eligible people, subject to its financial and service rules. Contact the Commission des services juridiques or a local legal aid office to ask about eligibility and coverage for your specific stage of the claim.

Does crossing from the United States affect my claim?

It can. The Safe Third Country Agreement may make some claims by people entering from the United States ineligible, but exceptions can apply and the rules depend on the route and circumstances.

Will my hearing be in French or English?

Refugee Protection Division hearings are conducted in English or French, and an interpreter may be requested for another language. Tell the IRB about your language needs as early as possible and confirm arrangements before the hearing.

Can a refugee claim be appealed if it is refused?

Some claimants may appeal to the Refugee Appeal Division, while others may have different review options or restrictions. Deadlines are short, and the available route depends on the case, so obtain legal advice as soon as a refusal is received.

Official resources

  • Immigration, Refugees and Citizenship Canada (IRCC): Provides information and instructions for making refugee claims from inside Canada and for immigration processes.

  • Immigration and Refugee Board of Canada (IRB): The independent tribunal that decides referred refugee protection claims and publishes information about hearings and procedure.

  • Commission des services juridiques du Québec: Oversees Quebec’s legal aid system and can direct applicants to information about eligibility and legal aid services.

Steps to find and hire a refugee lawyer

  1. Secure your immediate documents. Keep your claim forms, CBSA or IRCC notices, identity documents, and any referral or hearing notice together. If a deadline is near, seek advice the same day.

  2. Look for a lawyer who handles refugee claims before the IRB. Use the Barreau du Québec’s lawyer directory or ask a Quebec legal aid office about available representation. Confirm that the lawyer is authorized to practise in Quebec.

  3. Ask about experience with your specific issue. Explain whether your claim involves a border crossing, a prior refusal, family members, trauma, or an urgent deadline. Ask how the lawyer would handle those issues and what work they would undertake.

  4. Arrange an initial consultation promptly. When time allows, compare a few lawyers over several days; do not delay if a form, hearing, or review deadline is approaching. Bring your notices and a short timeline of events.

  5. Discuss fees and legal aid before retaining counsel. Request a written agreement stating the fee, included services, additional costs, and payment schedule. If cost is a concern, contact Quebec legal aid as soon as possible.

  6. Confirm representation and upcoming deadlines in writing. Make sure you know who will prepare each filing, how to contact the lawyer, and what you must provide. Keep copies of every document and notify the relevant authorities of address changes as required.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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