Refugee Protection in Canada

Canada’s strong refugee protection system and dedication to human rights are well-known throughout the world. Through a fair and structured process, Canada ensures that individuals fleeing persecution violence or life-threatening conditions have a pathway to safety. Everything you need to know about refugee protection in Canada will be covered in this guide including eligibility the claims procedure and options after filing a claim.

Who Is a Refugee?

A person who has been compelled to flee their country of origin because of legitimate concerns about being persecuted because of their race religion nationality political beliefs or affiliation with a specific social group is considered a refugee.

According to its immigration laws, Canada recognizes two main categories of refugees.

1. Convention Refugee

A person outside their country of nationality who is unable to return because of a legitimate fear of persecution is considered a Convention Refugee as defined by the 1951 Refugee Convention. Canadian authorities evaluate these people to see if they satisfy the requirements outlined in international agreements.

2. Someone Who Requires Protection

A person in need of protection is an individual who is currently in Canada and who if sent back to their home country would be at risk of torture death or cruel and unusual punishment. For individuals who are already inside Canadian borders, this category offers a crucial safety net.

Can I Make a Refugee Claim?

In Canada, in order to file a refugee claim, you have to;

• Have a physical presence within Canada.
• Show that you fear persecution or that you are in grave danger in your nation of origin.

Does Everyone Have the Right to File a Refugee Claim?

Although the refugee system in Canada is open to all, some people are not eligible to file a claim. This includes:

• Those whose refugee claims have been denied in Canada in the past.
• People who have filed a claim in a different nation are covered by the Safe Third Country Agreement (STCA).
• Those who are a security risk or have significant criminal convictions.

The Safe Third Country Agreement (STCA)

Under the Safe Third Country Agreement between the United States and Canada, refugees must apply for protection in the first safe nation they reach. This indicates the majority of people traveling from the United States to Canada’s border are not eligible with some exceptions like family reunification to file a refugee claim in Canada.

Understanding the Basis of Claim Form

You must include the Basis of Claim (BOC) Form with your refugee application. In this document, you explain your asylum request and offer evidence to support it.

The BOC must contain the following important details:

• A personal account outlining the causes of your persecution anxiety.
• Proof that you have experienced discrimination violence or threats.
• Knowledge of the risks you would encounter if you went back to your native country.

Refugee Claim Process

There are several important steps in Canada’s refugee claim procedure. This methodical approach guarantees a fair and comprehensive review of each claimant’s case.

Step 1: File for Refugee Status

Either an inland immigration office or a port of entry may receive refugee claims. You must do the following after you begin the process.

• Present authenticating documents.
• Send in your Basis of Claim (BOC) form.
• Attend interviews and security checks.

Step 2: The Hearing for Your Refugee Claim

To review your claim the Immigration and Refugee Board (IRB) Refugee Protection Division (RPD) will set up a hearing.

• You have the chance to, during this hearing, make a case and provide evidence to back it up.
• Respond to the adjudicators and the government representatives’ inquiries.
• Describe any gaps or inconsistencies in your story.

The key to a successful hearing is preparation. To make sure they are ready claimants are urged to collaborate with attorneys or settlement organizations.

Step 3: After Your Hearing For a Refugee Claim

Following the hearing the RPD will render a decision. The following are possible outcomes.

• Accepted Claim: In Canada, you are eligible to apply for permanent residency and receive all refugee benefits.
• Claim Denied: In the event that your claim is denied, you may be able to appeal or request judicial review.

Appeals and Post-Claim Options

If your refugee claim is denied, you still have options:

1. Within 15 days of receiving your decision, you have 15 days to file an appeal with the Refugee Appeal Division (RAD).
2. Judicial Review: Ask the Canadian Federal Court for a review.
3. Applying for a Pre-Removal Risk Assessment (PRRA) can help you weigh the risks of going back to your home country if deportation is likely.
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How CWC Can Help

Canada’s refugee protection system can be challenging to navigate. At CWC, we assist claimants and their families with every step, from completing the Basis of Claim (BOC) Form to preparing for hearings. Our team ensures all necessary documents are accurately completed and submitted on time. Contact us today for a FREE assessment!