Application Process from Canada

Application Process from Canada

Canada is serious about protecting human rights. It operates refugee protection programs to allow the immigration of refugees. Leaving one’s home country because of a justifiable fear of life can make a person eligible to claim refugee status in Canada. The reason to flee from a country of citizenship may be impending persecution or violation of fundamental human rights.

One should apply for refugee status within Canada under the In-Canada Asylum Program. Reliable immigration experts can help you prepare an application and guide you about the process to obtain permanent residency.

Overview

An individual can apply for refugee protection after arriving at the Canadian border or within Canada. The person must make a refugee claim to the Immigration and Refugees Board (IRB). Two types of refugees may become eligible to claim refugee status within Canada. These are:

  • Convention Refugee – A person has a genuine fear of persecution in their home country because of racial, religious, political, or social reasons. The individual is outside the country of citizenship with no intention of returning. 
  • A person seeking protection –A person flees the home country because of a risk to their life. The risk may be of the possible danger of violent or torturous treatment. 

The Immigration and Refugees Board assesses the claim and offers a status of a protected person to the individual. The individual can apply for Permanent Residency upon receiving approval from the IRB. One cannot make a refugee claim from within Canada for the following reasons:

  • Has withdrawn or refugee claim in the past.
  • Has abandoned the previous claim of refugee status
  • Rejection of the earlier claim
  • Inadmissibility 
  • Has a convention refugee status in another country
  • Had a status of protected person in Canada
  • Coming from the US to Canada to seek refugee status

Process of refugee claim

The Immigration and Refugees Board Tribunal is an independent tribunal hearing refugee claims. The claimant will receive a final decision and detailed reasoning of the approval or rejection. To be eligible for a Refugee Claim hearing, you need to be within Canada and have no removal order against you.

The person seeking refugee status must prepare a case for the IRB hearing. The Immigration and Refugee Board is responsible for deciding all matters about refugees and their immigration. The independent tribunal has a separate Refugee Protection Division to hear the cases. The case should demonstrate the person’s need to receive protection being a conventional refugee. The member of the tribunal considers the following aspects of refugee claim:

  • The present situation in the country of citizenship
  • Details of previous attempts to find a safe place within the home country
  • How far the claimant’s story is credible
  • The objectivity of the fear of persecution
  • Possible consequences on returning to home country
  • Possibility of a safe place within the country of citizenship
  • The claimant’s association with a specific group

The claimant may contact a lawyer to represent the case and provide evidence to convince the tribunal. One may also get in touch with a Community Legal Clinic. The following aspects are crucial for the final decision making by the member of the Refugee Protection Division:

  • Evidence
  • Written information 
  • BoC (Basis of Claim) Form
  • Detailed explanation for availing the refugee status 

The tribunal tries to get more information to understand the case by asking questions during the hearing. The claimant is allowed to hire an immigration attorney to represent the case.

The claimant is eligible to apply for permanent residency after the successful conclusion of the hearing.

SunnySpire can help you explore over 100 unique pathways to become a permanent resident in Canada. We walk with you at every step, right from the stage of creating an application. Call us today for an in-depth assessment of your profile.

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