Are there special rules for women in situations of domestic violence?
Yes. But they are only guidelines for IRB board members and IRCC officers. Every case is decided based on the facts of the situation. A woman may be able to get support at the IRB to help her present her case. This is called “accommodation”.
H&C applications
IRCC has guidelines that say immigration officers must consider family violence when deciding if a woman does not need to meet the condition of supporting herself financially at the second stage.
The guidelines say, for example, that a woman experiencing family violence may:
- not be able to support herself financially and may need time to do so
- need a long time to get a job that pays her enough to support herself and her children
- be socially isolated, and have problems with housing and childcare
- have low self-confidence and need counselling for mental or emotional trauma before being ready to work
- need to be on income assistance because a former abusive partner is not paying child support
IRCC may process H&C applications from women who have experienced family violence faster than other H&C applications. A woman who has experienced family violence can select “FV – In Canada – Humanitarian and compassionate considerations category” when applying through the IRCC permanent residence portal.
Refugee claims
IRB guidelines say that board members deciding refugee claims by women who fear gender-related persecution must consider the violence, inequality, and discrimination she faces based on her gender.
The guidelines also say board members must understand how a woman’s gender can interact with, for example, her race, religion, or culture to increase her risk of being persecuted.
The IRB has guidelines to help people present their cases fairly and in way that reduces the risk that they will be traumatized by the process.
This can mean doing things differently if it might help a woman. For example, a woman might ask that a support person be allowed to attend a hearing with her. Or she may ask that the IRB board member and interpreter be women, or for many breaks during a hearing.
A woman making a gender-based claim can also ask that a member of the IRB’s Gender Related Task Force decide her case. Those members have special training in gender-based refugee claims.
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