What terminology should be used?

A documented migrant has identity documents and a compliant travel authorization allowing them to enter the national territory of the country where they are headed.

Human smuggling is the facilitation, transportation, attempted transportation or illegal entry of people across an international border by “smugglers.” The smugglers guide people who pay them through their migratory journey. Human smuggling generally occurs with the consent of the person(s) concerned.

Human trafficking generally refers to the process whereby individuals are placed or held in a situation where they are exploited for economic purposes. Unlike smuggling, human trafficking rarely involves consent by the trafficked person. From the outset of the trafficking activity, the aim is to profit by exploiting the victim. It follows that fraud, force or coercion all play a major role in trafficking. Trafficking victims are often exploited at their destination through some form of forced labour.

Internally displaced persons are those who are forced to flee inside their own country for reasons such as conflict, violence, human rights violations, or disasters. They remain in their own countries and do not cross international borders.

Under Canada’s Immigration and Refugee Protection Act (IRPA) and international law, crossing a border irregularly, that is, outside official ports of entry, is not illegal if done to claim refugee status. The right to seek asylum is a human right and remains protected irrespective of the method or mode of entry into a country.

A migrant is a person who has voluntarily settled in a country other than their country of origin for various reasons, including for work, education or family reunification. UNHCR recommends that the word “migrant” not be used as a generic term to refer to refugees or persons possibly in need of international protection because it does not include the unique legal rights and obligations which apply to refugees and asylum-seekers.

Under international law, refugees are people who have fled violent conflicts or persecution and were forced to leave their country of origin. They are also called “Convention refugees,” meaning a person who meets the Convention criteria. According to the 1951 Convention, in order for a person to be recognized as a refugee under international law, their fear of persecution must be linked to one or more of the following five grounds: race, religion, nationality, membership of a particular social group, or political opinion.

These are people who have fled their country of origin and become refugees in a second country before being offered residence in a third country if they meet a number of criteria. In Canada, they are either assisted by the federal government or privately sponsored by groups of citizens. Resettled or sponsored individuals arrive in the country with permanent resident status.

Under the Convention on the Rights of the Child, a minor is a person under 18 years of age. UNHCR defines separated children as children who are separated from their parent(s) or legal guardian. Unaccompanied minors are children outside their country of origin who come to a third country without being accompanied by a parent or legal guardian. This may include children accompanied by other adult family members.

The international legal definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”. This means that a stateless person does not have the nationality of any country. Some people are born stateless, but others become stateless.

An undocumented migrant does not have authentic identity documents or a compliant travel authorization and is therefore unable to enter the country of destination through regular channels.

Canada Border Services Agency

The Canada Border Services Agency (CBSA) is a federal law enforcement agency that facilitates the flow of legitimate travellers and trade. The agency also enforces more than 100 acts and regulations.

Government-Assisted Refugees

Through the Government-Assisted Refugees (GAR) program, refugees are referred to Canada for resettlement by the United Nations Refugee Agency (UNHCR) or another referral organization.

Immigration Holding Center (CBSA)

The Canada Border Services Agency (CBSA) is responsible for managing the immigration detention process. Following an arrest, an individual may be detained at one of three CBSA immigration holding centres (IHC) in Canada (Laval, Quebec, Toronto, Ontario and Surrey, British Columbia). If an individual is detained in a region that does not have a CBSA IHC, they may be detained at a provincial correctional facility.

The Immigration and Refugee Board of Canada

The Immigration and Refugee Board of Canada (IRB) is Canada’s largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law. The IRB decides, among other responsibilities, who needs refugee protection among the thousands of claimants who come to Canada annually.

Immigration, Refugees, Citizenship Canada

Immigration, Refugees and Citizenship Canada (IRCC) is a federal department that facilitates the arrival of immigrants, provides protection to refugees, and offers programming to help newcomers settle in Canada. It also grants citizenship and issues travel documents (such as passports) to Canadians.

Immigration Refugee Protection Act

An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger.

Pre-Removal Risk Assessment

In some cases, someone may be eligible to apply for a pre-removal risk assessment (PRRA) if they’re being removed from Canada.

PRRAs are used to ensure people are not being removed to a country where they would be in danger of torture, at risk of persecution or face a risk to their life or of cruel and unusual treatment or punishment.

Refugee Protection Division

The Refugee Protection Division (RPD) hears and decides claims for refugee protection made in Canada in keeping with the Refugee Convention, as implemented through the Immigration and Refugee Protection Act.

Private Sponsorship of Refugees Program

The Private Sponsorship of Refugees (PSR) program allows groups of citizens to sponsor eligible refugees abroad. As the private sponsor, they will support a refugee for the sponsorship period, usually up to one year.

Safe Third Country Agreement

The Safe Third Country Agreement between Canada and the United States (U.S.) is part of the U.S.–Canada Smart Border Action Plan.

Under the Agreement, refugee claimants are required to request refugee protection in the first safe country they arrive in, unless they qualify for an exception to the Agreement.

United Nations High Commissioner for Refugees

UNHCR, the UN Refugee Agency, protects people forced to flee their homes because of conflict and persecution. We work in over 130 countries, protecting millions of people by responding with life-saving support, safeguarding fundamental human rights and helping them build a better future.