Refugee Claims:

Reasons You Can Apply for asylum:

You can apply for asylum if you fear persecution for at least one of the following reasons:

• Race or nationality
• Religion
• Member of a particular social group
• Political opinion
• Risk to your life or cruel and inhuman treatment and Risk of torture

Refugee Claim from inside Canada

The Immigration and Refugee Board (IRB) decides refugee claims made in Canada. To succeed, a claimant must demonstrate to the IRB that they qualify as either a Convention refugee or a person in need of protection. Upon a successful claim, the individual is granted protected person status and becomes eligible to apply for permanent residence.

Refugee Claim from Outside Canada

The United Nations High Commissioner for Refugees (UNHCR) assists the most at-risk refugees in finding a safe new home through resettlement, which involves transferring refugees from an asylum country to another State willing to admit them. These States grant the refugees permanent residency and eventually offer the chance for new citizenship.

Everyone has the right to seek asylum. Globally, UNHCR collaborates with States to ensure refugees have access to fair, efficient, and adaptable asylum systems. In many countries, local authorities have procedures for asylum-seekers to obtain refugee status. In others, UNHCR provides essential services to protect those fleeing persecution.

UNHCR Canada does not select refugees for resettlement to Canada and cannot influence the process of determining refugee status or resettlement eligibility. When countries like Canada offer resettlement places, other UNHCR offices in refugees' asylum countries identify those at risk and submit their applications. The resettlement country authorities then decide if a refugee can be admitted.

Once referred for resettlement by UNHCR, Canadian visa officers assess the refugees' need for resettlement and conduct medical, criminal, and security screenings. Upon arrival, resettled refugees become permanent residents and can eventually apply for Canadian citizenship.

Steps for Asylum Seekers(from outside Canada):

1. Contact the United Nations High Commissioner for Refugees (UNHCR): If you are an asylum seeker outside your country of origin, visit the UNHCR office. They will schedule an appointment for you, though in some locations this may take a year or longer.


2. Interview with UNHCR: During your interview, the UNHCR will determine if you qualify as a Convention Refugee and provide you with a certificate. If you wish to be resettled in Canada, you will then approach the Canadian Embassy, Consulate, or High Commission.


3. Resettlement Process: Each year, the number of applicants for resettlement far exceeds the number Canada can accept. If you are selected, the resettlement process can take many years, varying by region.
   
   
   • Private Sponsorship of Refugees (PSR) Program in Canada
     
     
     1. Overview of Resettlement Programs:
        • Besides Government-Assisted Refugees (GAR) and Blended Visa Office-Referred (BVOR) programs, the PSR program allows Canadian citizens and permanent residents to sponsor refugees.
        
        
     2. PSR Program Details:
        • Enables the private sponsorship of specific individuals or families who qualify as refugees under Canada’s refugee and humanitarian program.
        • Privately sponsored refugees are approved outside of Canada by Canadian visa officers and become permanent residents upon their arrival in Canada.
        
        
     3. Sponsors:
        • Can be volunteer groups of Canadians or organizations, including faith-based associations, ethnocultural groups, or settlement organizations.
        • Responsible for providing settlement assistance, material and financial support typically for one year, and social, emotional, and settlement support.
        
        
     4. Types of Sponsorship under PSR:
        • Groups of Five (G5): Five or more Canadian citizens or permanent residents with the financial and settlement capacity who arrange for the sponsorship of a refugee living abroad.
        • Community Sponsors: Organizations, associations, or corporations located in the community where the refugee will be resettled.
        • Sponsorship Agreement Holders (SAHs): Incorporated organizations that have signed an agreement with Immigration, Refugees and Citizenship Canada (IRCC) to manage sponsorships. SAHs can authorize Constituent Groups (CGs) from the community under their agreement.
        
        
     5. Eligibility for Sponsorship:
        • Eligibility is typically restricted to refugees recognized by UNHCR or a state.
        
        
     6. Resources and Further Information:
        • Detailed information about the PSR program is available on the Immigration, Refugees and Citizenship Canada (IRCC) website and on the Refugee Sponsorship Training Program’s website.
        
        
     7. Québec's Specific Provisions:
        • Québec independently receives and approves applications for private sponsorship. More information is available on the IRCC website and the website of the Ministère de l’Immigration, de la Francisation et de l’Intégration du Québec.
        
        


4. Arriving in Canada Upon arrival in Canada as either a Government-Assisted or Privately Sponsored Refugee, you will be granted Permanent Resident status. You will be welcomed at the airport and taken to temporary accommodation, with financial support for your basic needs. During your first year, you will have access to healthcare and language classes (English or French) if needed.

Defining a Refugee in Canada:

Canada recognizes two primary categories for refugee protection:

• Convention Refugees: This category includes individuals who are unable or unwilling to return to their home country or country of habitual residence due to a well-founded fear of persecution. The grounds for this fear include factors like race, religion, political opinion, nationality, or membership in a particular social group.
• Persons in Need of Protection: This category applies to individuals already in Canada who face a substantial threat if they return to their home country. The dangers they face could include the risk of torture, a threat to their life, or the possibility of cruel and unusual treatment or punishment.

Both categories address the unique and dire situations individuals face, offering a pathway to safety and stability in Canada for those who meet the stringent criteria of a refugee claim.

Eligibility Criteria and Process for Making a Refugee Claim in Canada

Determining Eligibility for a Refugee Claim:
To be eligible to make a refugee claim in Canada, certain conditions must not apply to you:

• You cannot have been recognized as a Convention refugee in another country to which you can return.
• You cannot already have protected person status in Canada.
• If you arrived through the Canada-US land border, you must qualify under certain exemptions to be eligible to enter Canada.
• You must be admissible to Canada without security concerns, criminal activity, or human rights violations.
• You should not have a previous refugee claim in Canada that was deemed ineligible.
• You cannot have a prior refugee claim in the United States.
• You should not have a previous refugee claim rejected by the Canadian Refugee Board.
• You cannot have abandoned or withdrawn a previous refugee claim.

How to Make a Refugee Claim(from inside Canada):

Applying Within Canada:

• Apply at an Immigration, Refugees and Citizenship Canada (IRCC) office.
• Complete all required forms in the application package, including the “Basis of Claim” form, which details the reasons for seeking protection. Ensure that these reasons are comprehensive, honest, and accurate to maintain credibility.
• After submitting your forms, an eligibility interview will be scheduled to decide if your claim can proceed to a refugee hearing.

Applying at a Port of Entry:

• Make a claim at a land border, airport, or other port of entry.
• You will be interviewed by a Canada Border Services Agency (CBSA) officer, who will provide you with the refugee application package if you are deemed eligible.
• You will have 15 days to submit your “Basis of Claim” form post-interview.

Note on Appeal Rights: Your rights to appeal may vary depending on whether your claim is made at a port of entry or inland.

In both cases, you will receive written notification of your refugee hearing date. It's crucial to adhere to the outlined procedures and timelines to ensure your refugee claim is processed effectively.

Preparation for the Refugee Hearing:

As a refugee claimant, it’s your responsibility to ensure all supporting documents for your claim are submitted to the Refugee Board at least 10 days before your hearing. These documents include:

• Personal documents like identification and relevant legal papers.
• Evidence about conditions in your home country, such as reports on political, social, or human rights issues that support your claim.
• Additionally, it's essential to decide if there are any witnesses, apart from yourself, who need to testify in support of your claim. Preparing all witnesses thoroughly, including yourself as the claimant, is crucial for a successful refugee claim.

The Refugee Hearing Process(PRD):

The refugee hearing is a critical stage where the Board Member (the decision-maker) will ask you detailed questions about your reasons for making a refugee claim. Key aspects of the hearing include:

• Interpretation Services: If you require translation assistance, you must request an interpreter in advance. This ensures clear communication during the hearing.
• Attendance at the Hearing: Typically, the people present at the hearing include the Board Member, you (the claimant), your legal representative (if you have one), and a translator (if required).
• Role of the Minister’s Delegate: In some cases, a delegate from the Minister’s office may participate in the hearing, especially if there is an opinion that your refugee claim should not be approved.
  The hearing provides you the opportunity to present your case comprehensively and respond to any queries the Board Member might have. It's a chance to convey your story and the reasons behind your claim for protection in Canada. Preparing effectively and understanding the hearing’s structure is vital for presenting your case compellingly.

If a claim for refugee protection is not accepted by the Refugee Protection Division (RPD), the applicant has the option to appeal the decision to the Refugee Appeal Division (RAD)

Refugee appeals(RAD):

the Refugee Appeal Division (RAD) considers appeals against decisions of the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. In most instances, there will be no hearing as the RAD will base its decision on the documents provided by the parties involved and the RPD record.

Important Considerations in the Refugee Claim Process:

The process of making a refugee claim can be intricate and unpredictable. Various unforeseen issues might emerge at any stage, making it essential to be well-prepared and informed. Some key points to remember are:

• Seek Legal Advice: Due to the complexities involved, it is highly advisable to consult with an experienced immigration specialist. They can provide valuable guidance and assistance throughout your refugee claim process.
• Stay Informed: Keep yourself updated about any changes in immigration policies or procedures that might affect your claim.

Working or Studying While Your Refugee Claim is Being Processed

Eligibility for Work or Study:

While your refugee claim is in process, you are indeed allowed to work or study in Canada. However, to do so legally, you must obtain the appropriate permit:

• Work Permit: Allows you to take up employment in Canada.
• Study Permit: Enables you to enroll in educational institutions. You can apply for either of these permits concurrently with your refugee claim by including this request in your initial refugee application forms.

Significant changes to Canada’s asylum claim system! (May 1, 2024)

The Liberal government is proposing significant changes to Canada’s asylum claim system. These amendments, outlined in the 2024 federal budget, aim to expedite deportations for rejected applicants amidst a surge in asylum seekers.

The proposed measures seek to simplify and streamline the claims process, allowing for faster decisions and removals.

Since the beginning of 2024 until March, 46,736 people have applied for asylum in Canada, according to the IRB. This marks a 62 percent increase compared to the same period in 2023, leading to a backlog of 186,000 cases.

The Canada Border Services Agency is struggling with the removal of rejected applicants, issuing over 28,000 warrants in February alone. There have been calls for fair refugee determinations and increased investment in the process.

The Pre-Removal Risk Assessment (PRRA):

The Pre-Removal Risk Assessment (PRRA) is a critical procedure for individuals in Canada facing deportation. It offers them a chance to demonstrate the risks they might encounter in their home country. Similar to a refugee claim, the PRRA evaluates dangers like persecution based on political beliefs, religion, ethnicity, nationality, or membership in a particular social group. It also considers the risk of inhumane treatment, punishment, or torture. This assessment focuses on personal risks that differ from general risks in the individual's home country.
Individuals may either apply for the PRRA or receive it from an immigration officer as part of the removal process. Upon receipt from an officer, there's a 15-day deadline for submitting the necessary forms and a 30-day window for providing supporting documents and legal arguments. The application is processed by Immigration, Refugees and Citizenship Canada (IRCC). Decision-making can take several months after all documents are submitted.
Approval of a PRRA application results in refugee protection in Canada and eligibility to apply for permanent residency. A rejection leads to the continuation of the removal process, although there is a 15-day period to appeal the decision to the Federal Court.
The PRRA process primarily involves a paper-based review without a hearing. However, interviews may be conducted in specific situations, such as questions about the applicant's credibility or if the applicant previously sought asylum in another country before arriving in Canada.
Individuals who have already pursued refugee claims through the Refugee Protection Division or the Refugee Appeal Division cannot apply for the PRRA unless at least one year has passed since their final refugee claim rejection.

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