Canada's Refugee and Protected Persons
Are you a refugee or a person in need of protection?
For an individual to be considered a Convention refugee they must have a well-founded fear of persecution upon returning to their country of citizenship or country of legal permanent residence.
There are five forms of persecution recognized by the international community: race, religion, nationality, membership of a particular social group (e.g. gender, sexual orientation, etc.) and political opinion.
Do you fear persecution? If you fear persecution based on one of the following:
Member of a social group (such as women or people of a particular sexual orientation; LGBTQ+)
Are you someone who cannot return to your home country safely because you may be:
in danger of torture
at risk to their life, or
at risk of cruel and unusual treatment or punishment
To claim refugee status, the fear of persecution must be one of these five forms. The individual must demonstrate that their country is unable or unwilling to provide them with adequate state protection.
Inland Refugee Claimants (Individuals that make a claim for Refugee protection from inside Canada)
Regardless of whether you are inside or outside the borders of Canada, if you have a well-founded fear of persecution of returning to your home country, you may qualify for protection in Canada under the Refugee class. Canada is known for its dedication to humanitarian efforts and Refugees worldwide and if you are eligible under this class then you will be qualified to remain in Canada based on humanitarian and compassionate considerations.
Our Regulated Canadian Immigration Consultant and network of professionals can help you build a strong case for your refugee claims and get you a positive decision on your request so that you do not have to return back to your home country where you will be persecuted against.
Canada is Dedicated to Protect Refugees
Canada is dedicated to providing a safe haven to those individuals who need refugee protection.
Canada has different initiatives related to refugee protection so that people from all over the world that are experiencing persecution can have a safe place they can go to.
Primarily the refugee protection system in Canada is two tier. The first part consists of those individuals who are making a claim for refugee protection from inside the borders of Canada and secondly, there are those individuals who are seeking refugee protection from outside Canada. Regardless of where the claim is being made from Canada is dedicated to protecting these individuals and providing them with a safe asylum so that they can be free of persecution and live their life as productive and contributing citizens of Canadian society.
A person in need of protection is at risk of cruel and unusual punishment or death. The individual may also be at risk of torture, which is defined in international law as actions at the hands of the government agents or actions with which government agents were complicit.
To be deemed a person in need of protection, the individual must demonstrate that the risk they fear is personalized. It cannot be a risk faced generally by people within one’s country. Consequently, a person at risk of kidnapping or extortion because they have money or are perceived as having money, face the same risk as others with money; the risk is not personalized unless there is some characteristic that led to that person, as opposed to all other affluent people, being targeted.
For more information on the refugee determination process, please contact us today
As explained earlier, refugees are persons who fear for their lives or safety in their home country, where the authorities of their home country are unable or unwilling to provide them with effective protection. Canada has a long-standing humanitarian tradition of providing surrogate protection to refugees. Refugee status may be applied for by people entering Canada, for example at an airport, or by people who are already in Canada. Successful refugee applicants may apply for permanent residence in Canada not later than 6 months after receiving their positive decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
A person who claims refugee protection in Canada may present their case on one or more of three bases for refugee protection: (1) that they face a risk of persecution in their home country for reasons of their race, religion, nationality, membership in a particular social group, or political opinion, (2) that they face a risk of torture in their home country, (3) that they face a risk to their life or of cruel and unusual treatment or punishment in their home country.
The process of claiming refugee status in Canada begins by making a refugee claim either upon entry into Canada or at a later date after already entering Canada at particular designated IRCC offices throughout Canada. Claimants will be provided with an opportunity to attend a hearing at the RPD of the IRB where they will personally present their case to a Board Member who will decide whether or not to grant them refugee protection.
A refugee claimant who is found to be in need of refugee protection in Canada may apply for permanent residence so they can remain in Canada permanently. If a refugee claim is refused an appeal may be made to the Federal Court.
Process for Claiming Refugee Protection
In order to claim refugee protection, one must first notify an immigration officer. This can be done at any port of entry to Canada, at a Canada Immigration Centre or at a Canada Border Services Agency office. Anyone who is not a Canadian citizen may claim refugee protection. The immigration officer will interview the refugee claimant. If the officer determines that the claim is eligible, the officer will send the claim to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). If a decision is not made by the officer within three working days, the claim will be automatically sent to the Immigration and Refugee Board for consideration.
The refugee claimant has the burden of proof, so if you are filing a refugee claim it is up to you to show the proof of your persecution, the reason why hiring a Registered Canadian Immigration Consultant to represent and guide you through this process from the earliest stage before filing a claim at all is highly recommended. The claimant must show that their claim is eligible for refugee protection. A claim is ineligible if:
the claimant has previously been refused refugee protection in Canada
the claimant has previously been granted refugee protection in Canada or another country
the claimant came to Canada through or from a designated safe third country where they could have claimed refugee protection, or
the claimant is a security risk, has committed a serious crime, has violated human or international rights or has been involved in organized crime.
If the claim is eligible and it is referred to the Immigration and Refugee Board, the claimant will be given information regarding the refugee hearing process. This information will include a Basis Of Claim form, which was formerly called a Personal Information Form that must be completed within a very short period of time
Reviewal and Hearing Procedure
Once the Basis of Claim Form is received, the Immigration and Refugee Board reviews each claim in order to determine the most efficient and fairest way in order to reach a decision. The Immigration and Refugee Board considers several factors including the country the claim is made against as well as the nature of the claim. The claim is then assigned to one of three possible ways in order to make a decision:
Fast-track expedited process: for claims from certain countries or for certain claim types. In this process, a refugee protection officer from the Immigration and Refugee Board interviews the claimant. The officer then makes a recommendation regarding the claim. If the recommendation is favourable, the claim is then forwarded to a decision-maker who will decide if it should be accepted without a hearing. A full hearing is then held if the claimant is not granted refugee protection through this expedited process.
Fast-track hearing: for claims that appear to be simple because they can be decided on the basis of one or two issues. A refugee protection officer does not attend this type of hearing.
Full hearing: for claims that may be complex and involve more than two issues. Full hearings follow the Immigration and Refugee Board tribunal process. A refugee protection officer may assist the member in order to ensure that all relevant evidence is presented. Representatives from the United Nations High Commissioner for Refugees may observe the hearing.
All three processes are non-adversarial. Therefore, the member or the refugee protection officer will ask the claimant questions about the facts that support the claim to establish the truth of the story.
Balanced Refugee Reform Act and Protecting Canada’s Immigration System Act
Changes to the asylum system came into effect on 15 December 2012 and are intended to improve efficiency in delivering faster decisions, deterring abuse, resettling more refugees, facilitating the adaptation to life in Canada, and removing failed refugee claimants more quickly.
Changes to the system include:
A list of Designated Countries of Origin (DCO); these are countries which do not normally produce refugees and are pressured to respect human rights and offer state protection – processing times for claimants from these countries will be an estimated 30 – 45 days; 60 days for other claimants
A new Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB), allowing 15 days to file a Notice of Appeal once the written reasons for the decision are received from the Refugee Protection Division.
Hearings will no longer be conducted by appointed members but rather by public servant decision-makers
Decisions on appeals are expected within 90 days, with failed claimants being removed within 12 months thereafter
A bar on accessing pre-removal risk assessments and humanitarian and compassionate (H&C) applications for one year following a final negative IRB decision
The Personal Information Form (PIF) has been replaced by the Basis of Claim (BOC) form
Claimants from a DCO will have their asylum claims expedited.
You may qualify to be either a convention refugee or a person in need of protection from Canada. The state or country may or may not be involved. Please contact us if you need more information. We may be able to help you.
For assistance or advice, please do not hesitate to Contact Us
Apart from appeals, the types of litigation that will sometimes arise in the immigration context may be described as hearings. These are held before the Immigration and Refugee Board, which is an administrative tribunal, or in some cases interviews may be held before immigration officers. Persons engaged in the hearing process will have an opportunity to testify before a decision-maker and may be represented by a lawyer or certified immigration consultant.
Do You Qualify For Asylum/Refugee Protection In Canada?
If you feel that you are in need of refugee protection you may contact our office and our Registered Canadian Immigration Consultant will assess your personal situation and provide you with the guidance and help to process a refugee claim in Canada. We are qualified to complete your refugee case from beginning to end and even represent you in front of the Immigration Refugee Board (IRB). Ensuring that your application for a refugee claim is complete and meets all the requirements is crucial in obtaining a positive decision because there are certain criteria that you must meet to qualify under this class. Our Regulated Canadian Immigration Consultant will work diligently to complete your claim and represent you in front of the IRB so that you may get the decision that you are seeking and start your life in Canada.
Let us Help You
We want to help you obtain refugee protection as soon as possible so that you are removed from the dangers of your home country and can begin to live your life without fear. Our Regulated Canadian Immigration Consultants will file and prepare your claim and you in the best possible way in order to obtain a positive decision on your refugee claim. Canada’s ongoing dedication to helping refugees from around the world is one of the many reasons that it is known to be a world class country and provide the opportunities that it has.
To get the process started just call us at +1 (289)856-9437 or write us at get the process underway.