Who Should Not Apply for Refugee Claim in Canada

Canada is popular for its strong refugee protection system and dedication to human rights. But some people misuse this refugee protection for their motives. Several individuals apply for refugee claims, but not all claims meet the requirements. In addition to measures to prevent misuse of the refugee process, the Canadian immigration system aims to maintain equity. When individuals apply for refugee protection, they are not allowed to try other immigration programs, such as work or skilled immigration. That’s the reason it is crucial to think carefully before starting a refugee claim.

• When they are completely ineligible to be considered refugees.
• How hard is it for Convention refugees to pass the legal test?
• Filing for refugee status closes other pathways of immigration.

Due to the complexity of refugee law, the following is not legal advice but rather a high-level summary for general knowledge.

Claims for Ineligible Refugees

A person may be given refugee protection under Canadian immigration law when they are determined to be a protected person or a Convention refugee. Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB) evaluate refugee claims. Nonetheless, some refugee claims are considered ineligible and will not be heard in full by the Refugee Protection Division (RPD) of the IRB.

In accordance with section 101 of the Immigration and Refugee Protection Act, SC 2001, c 27, a claim is not eligible under the following conditions.

• Prior Protection in Another Country or Canada:

The claimant’s claim is ineligible if they have already received recognition as a refugee in another nation or Canada, where they are allowed to return.

• Prior Negative Findings:

The claimant cannot file a new refugee claim in Canada even if their circumstances have changed significantly, if they have already filed one that was denied, withdrawn, or abandoned.

• Safe Third Country Agreement (STCA):

Claimants are required to apply for asylum or refugee protection in the first of these two countries where they arrive under the STCA, between the United States and Canada.

• Issues with Crime and Security:

If the claimant is not admissible due to the following, the claim is worthless.

1. Endanger Canada’s national security.
2. Has transgressed international or human rights.
3. Has committed major offenses such as organized crime, war crimes, or crimes against humanity.

Legal Test for Refugee Claims

There are 2 legal tests, one for a Convention Refugee and for a person who needs protection.

Convention Refugees

A Convention refugee is someone who has a legitimate fear of being persecuted because of their ethnic group and involvement in a certain group or political beliefs.

(a) is unwilling or unable to use the protection of each of their countries of nationality because they are outside of them, or,

(b) does not have nationality or is not in their country of habitual residence, and cannot return because of that fear.

Canada is a signatory to the 1951 United Nations Convention Relating to the Status of Refugees, which is where the term Convention refugee first appeared. A claimant must meet these requirements to be eligible to be considered a Convention refugee in Canada.

• A Legitimate Fear of Being Persecuted

The claimant must exhibit a sincere concern for being persecuted in their nation of origin. The fear must be both objectively reasonable (backed by facts or evidence) and subjective (felt by the individual).

• Nexus to Protected Grounds

Persecution must be by reason of and connected to one of the five listed grounds specified in the Convention.

1. Race
2. Religion
3. Country of origin
4. Belonging to a specific social group
5. Political viewpoint

• State Security

In their home country, claimants must demonstrate that they are unable to access state protection.

• The Internal Flight Alternative

If the minister notifies the claimant about the availability of an internal flight alternative (a safe location within the home country), the claimant must ensure that it is not a safe option to live.

• Exclusion Clauses

The people listed below are excluded:

1. They reside in a nation that acknowledges them as having rights and obligations that are largely comparable to those of a citizen of that nation, which excludes them under Article 1 E.
2. Those who have committed crimes against humanity, war crimes, crimes against peace, serious non-political crimes, or acts that go against UN principles are prohibited under Article I F.

Person Who Needs Protection

(1) A person in Canada who would be personally harmed by being removed to their country or countries of nationality, or in the absence of a country of nationality, their country of previous habitual residence, needs protection.

(a) to a threat of torture as defined by Article 1 of the Convention Against Torture, which is thought to exist on substantial ground, or?

(b) to a risk of cruel and unusual punishment or treatment, or to a risk of death.

• The individual cannot or is unwilling to use that nation’s protection because of the risk.
• Every individual in that country would be exposed to the risk, whereas other people from or in that country would not typically be exposed to it.
• Unless the sanctions are applied in defiance of recognized international norms, the risk is neither inherent nor incidental to legal sanctions.
• The risk is not brought on by that nation’s incapacity to offer quality healthcare.

(2) A person in Canada needs protection if he or she belongs to a class of people identified by the regulations as needy.

Economic Barriers to Immigration While Filing a Refugee Claim

The following should be known by anyone thinking about filing for refugee status.

• Not Qualified for CEC under Express Entry:

Work experience completed while on a refugee work permit is not eligible for the Canadian Experience Class (CEC) for refugee claimants. Only those with valid temporary resident status are eligible to obtain high-skilled Canadian work experience. A removal order is issued to a refugee upon filing a claim, but it does not go into effect until the refugee process is complete.

• Effect on Eligibility for the Provincial Nominee Program (PNPs):

Additionally, the majority of PNPs require applicants to be Canadian citizens with valid temporary residency status. In general, while their status as refugees is still pending, refugee claimants are not eligible to apply for PNP programs.

The Dangers of Filing a Baseless Refugee Claim

It is extremely dangerous to submit a refugee claim that is without merit or that is not backed up by solid proof. These consist of:

• Removal:

If a claimant’s application is denied, they risk being removed, deported, and prohibited from returning unless they receive a special authorization to return (ARC). Re-entry into Canada is typically challenging after removal.

• Impact on Travel and Visa Approval with Other Countries:

Canada exchanges some kinds of data with other nations. It will probably be difficult to argue that an individual has a legitimate temporary intent if their refugee claim has been withdrawn, abandoned, or denied. Other nations might not accept your visa application.

• Loss of Credibility for Upcoming Uses:

Those who make a baseless claim endanger their chances of obtaining other types of immigration, like economic permanent residence.

• Effect on Actual Refugees:

False allegations put a burden on Canada’s immigration system. It causes decisions for actual refugees who desperately need protection to be delayed.

Conclusion

Canada’s refugee protection system is well known for protecting individuals from dangers and maintaining its immigration integrity. However, some people misuse the system by making false refugee claims.. The consequences of a false refugee claim can be removal and loss of other immigration pathways. The individuals who are planning to apply for refugee claim in Canada should seek legal advice from an IRB-licensed immigration consultant or lawyer.