Canada is a country that supports its people a lot as it cares about human rights and helps people who are escaping danger. If your
Canada is a country that supports its people a lot as it cares about human rights and helps people who are escaping danger. If your life is at risk in your home country because of your race, religion, politics, or any other reason for which you are not safe there, then you might be able to ask for protection in Canada. In this article, we will explain how you can apply for asylum and what steps to follow if you want to make a refugee claim.
What is an Asylum or a Refugee Claim?
It is a request for protection made by someone who is afraid to go back to their home country because of serious danger, like violence, unfair treatment, or persecution, so they want a place where they can live for the rest of their life without any problem. They ask the Canadian government to let them live in Canada and stay safe.
Canada Considers Two Main Types of Refugees
Convention Refugees
Those people who left their home country and can’t go back because they are scared of being treated badly or harmed because of their race, religion, nationality, political views, or the group they belong to.
Persons in Need of Protection
People who are in Canada and would be in serious danger if they had to go back to their country, like facing torture, death, or very harsh and unfair treatment.
Who is Not Allowed to Apply Refugee Claim
You may not be able to ask for refugee protection in Canada if:
- You are already recognized as a refugee in some other country where you are allowed to live.
- You have previously applied for refugee protection in the US, Australia, the UK, or New Zealand.
- Canada has already informed you that you are not allowed to apply for refugee protection.
- You applied for refugee protection in Canada before, but your claim was taken back, not followed through, or was refused.
- You may be considered a threat, have a criminal record, or have been involved in breaking the laws of human rights.
- You have already been approved as the protected person in Canada.
- The Canadian government gave you an official order to leave Canada
- You were not allowed to enter Canada at a land border with the U.S. because of the Safe Third Country Agreement (STCA).
Step-by-Step Guide to Applying for Asylum in Canada
1. Determine Your Eligibility
Before you can make a refugee claim, you must be eligible. Immigration, Refugees and Citizenship Canada (IRCC) will review your background to check for things like:
- Previous claims in Canada or another country
- Criminal activity
- Security risks
- Past deportations
If you are found ineligible, your claim will not proceed.
2. Make a Claim at the Border or Inside Canada
You can make the refugee claim in two ways:
At a Port of Entry: When you arrive in Canada (airport, seaport, or land border), tell the immigration officer you want to make a refugee claim.
Inland Claim: If you’re already in Canada, you can submit your claim online through the IRCC Portal.
In both situations, you must fill out a Basis of Claim (BOC) form, where you explain why you are asking for asylum. Make sure to complete the form honestly and with care.
3. Receive a Refugee Protection Claimant Document
Once your claim is accepted for review, you will receive a Refugee Protection Claimant Document (RPCD). This allows you to access basic services, such as healthcare and, in most cases, apply for a work permit.
4. Attend Your Interview or Hearing
The Immigration and Refugee Board of Canada (IRB) will schedule a hearing to assess your claim. During this hearing, you’ll have the opportunity to present your case, explain your fear of persecution, and provide any supporting documents.
It’s a good idea to get help from a refugee lawyer or legal aid office before your hearing. The decision depends a lot on how strong your proof is and if your story is believable.
5. Wait for the Decision
Once the hearing is over, the IRB will decide that your refugee claim is approved or denied.
- If your claim is approved, then you will be recognized as a protected person, and you can easily apply to become a permanent resident.
- If the claim is denied, you might have the option to challenge the decision by appealing to the Refugee Appeal Division (RAD) or asking the Federal Court to review it.
Additional Tips
Be honest: If you provided any false information, then it can be a negative sign for you, so be honest and provide real details.
Keep documents: Collect proof of your identity, the danger you face, and anything related to your claim.
Conclusion
Applying for refugee claim in Canada is a serious process as it requires proper reasoning. Canada’s refugee system is designed to protect those genuinely in need. Understanding the process and seeking proper support can greatly improve your chances of a successful claim. If you want to know about the Asylum or a Refugee Claim in more detail, then contact CWC Immigration, as we are an IRB-licensed immigration consultant!