Everything You Need to Know About the Refugee Claim Process in Canada
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice
Canadian government offers a generous refugee protection program for people who might fear persecution or other forms of danger if they ever have to leave Canada. Some possible dangers may include a fear of physical torture, a potential threat to their life, or the risk of cruel punishment.
If someone feels they could face any such fears or risks if they go back to their home country, they may be eligible to seek refugee protection in Canada.
Can I apply for a refugee claim in Canada?
For someone to file a refugee claim they
- Must be residing in Canada
- Cannot be subject to removal order
If a person is living outside of Canada, they may be eligible to resettle inside Canada as a refugee, or immigrate through one of their immigration programs.
Eligibility criteria
If you want to make a refugee claim, it may be referred to IRB (immigration and refugee board of Canada). The IRB act as an independent dictation that decides individuals’ refugee and immigration status.
Under the following circumstances, a refugee claim might not be eligible:
- If a person is recognized by any other country as a convention refugee and they can return after that country
- If a person is granted the status of protected person in Canada
- If a person has already made a refugee claim in some other country
- If a person applying for a refugee claim is not eligible for Canadian immigration because of their criminal background or any violations of rights
- If a person previously applied for a refugee claim, but it wasn’t found eligible
- If a person previously applied for a refugee claim, but they were rejected
- If a person had withdrawn or abandoned a refugee claim in the past
That IRB makes the final decision about the person who is in need of protection or a convention refugee.
Convention refugees
Convention refugee is a person who lives outside of the country of their primary residence and cannot return to their home country because of a risk of persecution due to their:
- Religion
- Race
- Political opinion
- Affiliation with a particular social group
- Nationality
“Person in need of protection”
A person who cannot return today country safely is considered in need of protection. That is because if they go back to their country, they may encounter:
- A risk of dear life
- Fear of torture
- A risk of unusual or cruel treatment and punishment
Making the refugee claim at POE (port of entry)
When you make a claim at POE, there could be four possible outcomes:
- The officer of border services may decide that your claim is eligible
- The border officer may tell you to make your claim online
- Or the officer may decide that you are not eligible for a refugee claim
Making a claim through online protection portal
If you have submitted your refugee claim online, the government will review it and make sure that your claim is complete. If it is complete, they will add the refugee claim to their system and send you a letter called an acknowledgement of claim; an instruction manual for your medical exam; and a letter outlining important details for your in-person appointment once they schedule it.
In case your refugee claim is not complete, they will notify you about what is missing.
You will then receive an email to upload your documents and update your account.
Refugee claim interview
During the interview, it will be decided if your refugee claim is legible. If it is eligible, it is referred to the IRB. You will also be given a confirmation of referral that confirms that your claim was referred to the IRB. These documents ensure that you are able to prove that you’re a refugee claimant and you can get access to welfare services in Canada.
Hire an Immigration Lawyer
If you want to apply for a refugee claim in Canada, Nanda & Associate Lawyers can help you. They’re a leading immigration firm with years of experience in dealing with refugee cases. Their skilled immigration team is an expert in legal advice and provides clients with legal guidance so that their immigration applications have a greater chance of approval.
Get in touch with them today to book a free consultation with an experienced immigration lawyer who can help with sponsorship visas, entrepreneur visas, rejection appeals, and more.
About the Author
Kelly M. is a well-known immigration lawyer working in Canada for the past 25 years. She graduated with a law degree from the University of Michigan. She also frequently writes on social media sites to guide aspiring immigrants.
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