1. Persons in Need of Protection
A Person in Need of Protection is a person in Canada who, if removed to their home country or country where they normally live would be personally subjected to:
• torture,
• a risk to their life,
• a risk of cruel and unusual treatment or punishment if:
-
- they are not able to get protection from their own government,
- the person would face the risk in all parts of the country, even though the risk is not faced generally by others in or from that country,
- the risk is not part of legal penalties (unless those penalties violate international standards), and the risk is not caused by inadequate health or medical care.
2. Convention Refugee
Convention Refugees are people who are living outside their national country and, because of fear of persecution, cannot be protected within their country or return to it. That fear of persecution must be well-founded and based on their:
-
- race,
- religion,
- nationality,
- political opinion, or
- their membership in a particular social group (including groups that the person cannot change, such as gender, sexual orientation, past memberships, or groups they choose to join).
Persecution is defined to include such things as death threats, torture, or imprisonment by the government, guerrillas, or other non-government agents such as an abusive husband. A person making a refugee claim must also show that there is no internal flight alternative. This means that there is no place in their country that they could get to and live safely, free from the persecution that they are facing.
Any person who feels they are a Person in Need of Protection or a Convention Refugee may make a claim for protection when they enter or once they are inside Canada. If the person is outside of Canada, they can make an application under the Convention Refugee Abroad Class. IRCC relies on the United Nations High Commissioner for Refugees (UNHCR), other referral organizations, and private sponsoring groups to identify and refer refugees for resettlement in this Class. The visa offices evaluate the referred applications and determine whether the claimant meets the requirements of being a refugee and if the person will be admitted to Canada.
3. Country of Asylum Class
The Country of Asylum Class is for people who are outside of Canada and in refugee-like situations but who do not qualify as Convention Refugees. A person is considered to be a member of the Country of Asylum Class if an Immigration Officer determines that they have been, and continue to be, seriously and personally affected by:
-
- civil war,
- armed conflict, or
- massive violation of human rights.
Those who cannot find an adequate solution to such a situation within a reasonable time can apply for refugee status in Canada. Refugees in this class must also be referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization, be sponsored by a private sponsorship group, or have the funds needed to support themselves and their dependents after they arrive in Canada. As with Convention Refugee claimants, a person making a claim under the Country of Asylum Class must also show that there is no internal flight alternative. This means that there is no place in their country that they could get to and live safely, free from the persecution that they are facing.
Repeal of the Source Country Class
Until 2011, refugees were also able to enter Canada under the Source Country Class, which was for people who resided in a home country that had been designated as a source country. Countries listed as source countries were the Democratic Republic of the Congo, Sudan, El Salvador, Guatemala, Colombia, and Sierra Leone. These refugees must have been suffering from civil war or armed conflict, and be suffering from serious deprivation of their right to freedom of expression or legitimate exercise of their civil rights pertaining to dissent or trade union activity, or be facing detention or imprisonment as a consequence. They must also have feared persecution for reasons of race, religion, nationality, membership in a social group, or political opinion in their home country.
Refugees may no longer apply to enter Canada in this Class, however, unless a Source Country application has already passed the selection decision stage, existing Source Country applications are now being screened for eligibility under both the Convention Refugees Abroad and Country of Asylum Classes.
Temporary changes due to COVID-19
Due to the current pandemic, the Government of Canada has implemented temporary changes to various immigration programs and procedures. For the most up-to-date information, visit canada.ca.
Optimize your chances of success and Discover if you qualify as a refugee in Canada!
What are your options for Canadian Immigration? You can consider any of the following pathways to Canadian Immigration:
- Provincial Nominee Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Humanitarian and Compassionate
- Study to Immigrate
- Atlantic Immigration Pilot Program
- How to Become a Canadian Citizen: Applying for Canadian Citizenship
- Family Sponsorship
- Spousal Sponsorship
- Express Entry
- Skilled Workers
- Caregivers
- Investors and Entrepreneurs
- Refugee and Asylum
- Visa rejections/Appeals
Chugo Immigration Service is authorized to offer Canadian Immigration and Citizenship services under the Immigration and Refugee Protection Act. The Principal Consultant, Pius Chukwuma Ekwulugo RCIC, is a member in good standing of the College of Immigration and Citizenship Consultants (CICC) and has helped many foreigners to start a new life in Canada. We will help you too!
For effective and diligent legal help regarding Canadian Immigration matters, we partner with Weekes Law Office.
WHAT DO I DO NEXT?
Are you looking for an immigration pathway to Canada? If you do not know where to look and how to start, we invite you to book an eligibility consultation with us. We will prepare an individualized assessment report for you and guide you on your immigration journey to Canada.
We advise you to complete the assessment questionnaire now in order to properly plan your application.