removal risk assessment (PRRA);
• A person whose refugee claim was rejected and appeals exhausted;
Type 5:
• A person detained by the Canada Border Services Agency (CBSA);
Type 6:
• Coverage for an Independent Medical Examination.337
Furthermore, IFHP coverage ceases when an individual’s refugee claim is withdrawn, the IRB
determines that an individual’s refugee claim is abandoned, an individual’s refugee claim is redetermined ineligible and is ineligible for a PRRA, or an individual has been removed from
Canada.338 Clearly, in order to be eligible for the IFHP there is a significant focus on the
individual being a refugee and establishing risk in their country of origin or former habitual
residence, or having gone through the refugee determination process.
While some groups are provided with healthcare coverage comparable to what Canadian citizens
and permanent residents receive under provincial health insurance programs, it is important to
note those who do not receive healthcare coverage similar to Canadian citizens or permanent
residents under the IFHP:
• A person whose refugee claim is suspended;
• A person ineligible to file a refugee claim, but who is eligible to apply for a pre-removal
risk assessment (PRRA);
• A persons whose refugee claim was rejected and appeals exhausted;
• A person detained by the Canada Border Services Agency (CBSA).339
It is in these four categories that stateless persons in Canada may find themselves. This may
occur after a stateless person has made a refugee claim, but yet the IRB does not recognize their
statelessness as meeting the threshold of persecution necessary to establish a refugee claim.340
Following the rejection of a refugee claim or PRRA application, a stateless person is unlikely to
be considered “lawfully staying” for the purposes of accessing their rights under Article 23.341
Welfare & Disability Assistance
The provincial governments have legislative authority over welfare and disability welfare.
However, the federal government provides funding to the provinces for social assistance
programs through the Canada Social Transfer. The purpose of the Canada Social Transfer is to
ensure consistent standards in the delivery of social programs across the country. In order to
ensure consistency, the federal government has historically required that there be no minimum
period of residence on anyone as a condition for social assistance eligibility in a province.
See IFHP eligibility and coverage type, supra note 333.
Temporary IFHP Benefits Summary, supra note 335.
339
See IFHP eligibility and coverage type, supra note 333; and Ibid.
340
See Statelessness in the Canadian Context, supra note 4 for Andrew Brouwer’s analysis of how statelessness is
addressed in Canadian refugee law.
341
Unless they acquire another legal status in Canada, such as a temporary resident permit (TRP), permanent
residence through an H&C application, or a valid work or study permit that in some circumstances may make them
eligible for provincial healthcare insurance.
337
338
72
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