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The refugee determination process under the  Immigration Act, 1976 comprises many steps which have been the subject of judicial interpretation. An individualclaiming to be a “Convention refugee” in Canada will first be examined under oath withregard to his claim. The Refugee Status Advisory Committee will study the transcript of thisexamination. After obtaining the advice of the Committee, the Minister of Employment andImmigration will determine whether or not the claimant is a “Convention refugee”. Shouldthis determination be negative, the person concerned will have the choice to apply to theImmigration Appeal Board for a redetermination of his claim. At this stage, the Board willgrant an oral hearing to the applicant and render a decision thereafter if it is of theopinion that there are reasonable grounds to believe that he could prove that he is a“Convention refugee”. If no oral hearing is granted, the Board will determine that theapplicant is not a “Convention refugee”. The Federal Court and the Supreme Court of Canadahave had a considerable input in the interpretation of the provisions relating to thisrefugee determination process, including the wording of the definition of “Conventionrefugee”. This paper limits itself to a review of the decisions rendered by thesecourts.

Redetermination of a Claim to Be a Convention Refugee; A Review of the Jurisprudence