Under Canadian law, there are five forms of recognized persecution which allow a person to apply for refugee protection in Canada. These include race, religion, nationality, membership of a particular social group, i.e., gender, sexual orientation, etc., and political opinion. If you have a well-founded fear of persecution relating to any of these categories from your country of birth or permanent residence, you may be eligible for refugee status in Canada.
Applying for refugee protection in Canada can take a long time, but Jasmin Sandhu Law is here to support you through the entire process.
To find out more about our services and refugee status in Canada, keep reading.
Refugee Protection in Canada
If you’re looking to start a new life of safety and security, then applying for refugee status in Canada is a good choice. Provided that you can prove you are unsafe in your homeland, a refugee lawyer can help you receive protect person status and settle in Canada.
For more information on the process of claiming asylum in Canada, take a look at the next section.
A Foreign National may make a claim for asylum at any Port of Entry, Canada Border Services Agency or Immigration, Refugee and Citizenship Canada Inland Offices. These authorities will be able to determine your eligibility for such a claim. Your claim is assessed by the Immigration and Refugee Board of Canada.
Some refugee claims may not be eligible to be referred to the IRB if you
- Have been given refugee or protected person status in another country and can return there
- Have protected person status in Canada
- Are not allowed into Canada on security grounds due to criminality or human rights violations
- Have already made a claim in Canada that has been refused, or they have withdrawn a refugee claim previously
In cases where the person arrived via the Canada-United States border, the Safe Third Country Agreement may apply. Under this agreement, anyone claiming asylum is required to request refugee protection in the first safe country that they arrive in. Some people may qualify for an exception.
This means that if claimants come into Canada via the United States, they must claim this protection in the US rather than Canada.
However, this only applies in certain circumstances, including:
- When they crossed a Canada-United States land border
- They crossed the border by train or
- At airports, only if the person seeking refugee protection in Canada has been refused refugee protection in the US and is in transit through Canada after having been deported from the US.
Exceptions to the Safe Third Country Agreement include:
Document holder exceptions
Public interest exceptions
Family member exceptions
Claiming Refugee Status in Canada: The Process
The process begins with a request at one of the previously mentioned offices. Once you have made the request, you will be asked to complete a series of forms and an interview to determine your eligibility for such a claim. If you are eligible, your claim will be referred to the Immigration and Refugee Board, where it will be heard by a Board member.
You will either be deemed a Convention Refugee or a person in need of protection. The criteria for these differ slightly. A Convention Refugee is a person outside of their home country who is not able to return due to a well-founded fear of persecution relating to one of the five enumerated grounds- race, religion, nationality, political opinion, and membership in a particular social group.
Alternatively, a person in need of protection is a person who cannot return to their home country safely because they would be in danger of torture, a risk to their life, or cruel and unusual punishment.
If you are thinking about seeking refugee protection, reach out to Jasmin Sandhu Law now. We can help you gather all the required evidence, prepare you for your hearing and support you through the entire process.
If you have been denied refugee protection and would like to appeal this decision, we offer refugee appeal services, too. Jasmin will be able to guide you through the process, making it as stress-free as possible and supporting you as you appeal the decision.