Refugee Protection and Asylum in Canada

Every person is entitled to protection from persecution.
The Canadian Prime Minister recently issued a tweet “to communicate our strong tradition, our long history, of providing sanctuary and protection to those who are fleeing war and persecution regardless of their faith.”

Refugee Protection. Canada has recognized this basic human right since 1951 when it signed the Convention relating to the Status of Refugees (the Geneva Convention). The right to life, liberty, and security of the person is also enshrined in the Canadian Charter of Rights and Freedoms.

Refugee Protection Determination

To be granted asylum in Canada as a refugee, a person must be outside his or her home country and have a well-founded fear of persecution. According to the Geneva Convention, the fear must not only be well-founded, but the persecution must also be based on reasons of race, nationality, membership of a particular social group, or political opinion. However, a less restrictive interpretation of the feared persecution may also lead to refugee status.
For example, Canada recognizes that women can be persecuted because of their gender and that the definition of a refugee should be interpreted to also include this form of persecution. A variety of circumstances can make a person a refugee.

The following are examples of circumstances that may lead to a person being deemed a refugee:

• A human rights activist who is persecuted by the state for her criticism of government abuses.
• A union leader who is threatened with violence by businesses who enjoy tacit support from the government.
• A gay man or lesbian who is beaten up by gangs of homophobic hooligans in a country that outlaws homosexual acts (Note: The government of Canada affords LGBTQ2 individuals and couples the same rights and opportunities as other persons when it comes to immigration issues).
• A member of a religion who is being suppressed by the government.
• A woman who is subjected to repeated physical abuse by her husband in a country where conjugal violence is condoned.
• A member of an ethnic group who is persecuted by the state.
• A teacher in a country where intellectuals are denounced as traitors of the people.
• A person who openly criticizes a rebel group in a country where the government cannot protect its citizens against rebel attacks.
• A person who is persecuted because he is suspected of opposing the government, even though he is not politically active.
• The child of an imprisoned political leader who is viewed as a threat by the current regime.
• The witness of a massacre committed by the military that the government wants to cover up.
• A student activist after the government has suppressed a student movement.
  Individuals who have a refugee claim rejected, abandoned, or withdrawn may eventually apply for a Pre-Removal Risk Assessment (PRRA). This is an opportunity for people who are facing removal from Canada to seek protection by describing, in writing, the risks they believe they would face if removed.
  Bringing refugees to Canada from outside the country is known as resettlement. Immigration, Refugees, and Citizenship Canada (IRCC, formerly CIC) resettles individuals and families based on referrals from the United Nations High Commission for Refugees (UNHCR), other referral organizations, and private sponsorship groups.
  Note: The government of Canada affords LGBTQ2 individuals and couples the same rights and opportunities as other persons when it comes to immigration issues.

Canada Refugee Claim Process

Canada has obliged itself to protect genuine refugees, that is, not to send them back to persecution. People who get to Canada on their own can claim refugee protection at any border point, or inside Canada, at a Canadian Immigration Visa Office.
Refugee claims are complex and there is always a lot at stake. It is always advisable for people seeking refugee protection to be represented by a competent Adviser with expertise in this particular area of Immigration.
There are several steps to Canada’s refugee application process.

Note: Canada has signed an agreement with the United States designating the U.S. as a “safe third country”. Claimants coming from, or even just passing through the U.S., are ineligible to make refugee claims at a Canadian border crossing by land. They will be turned back to the U.S.
A Canadian immigration official initially decides if a refugee claim is eligible. If the claim is made at a border crossing, a quick decision can be expected as to eligibility.

It takes considerably longer for a decision with respect to eligibility if the refugee claim is first made at an immigration office inside Canada.

Referral to the Immigration and Refugee Board
If an immigration official considers the claimant to be eligible, then the file is transferred to an independent administrative tribunal called the Immigration and Refugee Board (IRB). The IRB determines whether the claimant is a genuine refugee and deserving of protection in Canada. The claimant is required to first complete a Personal Information Form (PIF) and submit it to the IRB. About 12 months later the claimant attends a hearing before a member of the IRB. In rare cases, where the evidence is exceptionally clear, a claimant may be accepted without a hearing.

Refugee status decision

If the IRB determines that the claimant is a genuine refugee, the claimant becomes a protected person and can apply for Canadian permanent residence inside Canada.

If the IRB refuses the claimant, an application for judicial review can be requested from the Federal Court of Canada. If the claimant does not succeed in Federal Court, then removal from Canada becomes probable.

Before removal, the claimant can ask for a Pre-Removal Risk Assessment (PRRA). The same grounds for protection are assessed as in a refugee claim, but the decision is made by a Canadian immigration official instead of the IRB. In cases that have already been considered by the IRB, only changes in circumstances that have occurred since the IRB decision will be taken into account. In some instances, even claimants who are ineligible to make a refugee claim are entitled to a Pre-Removal Risk Assessment (PRRA).

Individuals who have a refugee claim rejected, abandoned, or withdrawn may eventually apply for a Pre-Removal Risk Assessment (PRRA). This is an opportunity for people who are facing removal from Canada to seek protection by describing, in writing, the risks they believe they would face if removed.

Eligibility for Canada Refugee Protection Status

Not everyone is eligible to make a refugee claim. A person is not eligible if:

• the claimant has ever before made a refugee claim in Canada;
• the claimant has been recognized as a refugee in another country and can be returned to that country;
• the claimant came to Canada through a designated “safe third country”;
• the claimant has been determined to be inadmissible on the basis of security, serious criminality, organized criminality, or violating human or international rights.

For effective and diligent legal help regarding Refugee Protection (Asylum) in Canada Click to provide complete information for an assessment of your chances for immigration to Canada or Schedule a Consultation in Canada.

Optimize your chances of success!

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
• Federal Skilled Workers Program
• Caregivers
• Canada Business Immigration Programs
• 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.

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