Refugee Protection

Refugee Protection

Canada supports cases on refugee and humanitarian grounds being a signatory to the Geneva Convention 1951. Its policy of upholding the right to protection, freedom, and security of human beings offers Refugee Protection to people who are no longer safe in their countries. Individuals fleeing countries fearing their lives because of the ominous circumstances can seek protection as refugees in Canada. Hire an expert immigration counselor to know more about options to enter Canada as refugees.

Establishing refugee status

There must be a justifiable fear of persecution in the home country. The reasons for the persecution may be varied. These are:

  • Political
  • Racial
  • Nationality
  • Membership of the specific group facing persecution 
  • Membership of the political party

Canada has a liberal policy of interpreting the fear of persecution. The individual seeking asylum may have a fear of prosecution because of gender. The type of persecution is also a significant factor for determining refugee status.

Situations that may qualify a person to receive refugee protection in Canada:

  • A trade union or other leaders facing violence from businesses with the implicit support of the government in the country
  • Activists of human rights organizations facing persecution because of their stand against state policies 
  • Physical abuse by husband in a country that accepts conjugal violence
  • Failure of government to protect citizens who face danger to lives from rebel groups
  • Members of ethnic groups 
  • Imprisoned leader’s child who faces a risk from the government 
  • LGBT Q2 persons facing violence from homophobic gangs in a country that considers homosexuality as an illegal act
  • Eye witness of government-sponsored violence

Immigration, Refugees, and Citizenship Canada (IRCC) accepts referrals from the UNHCR (United Nations High Commissioner for Refugees) to resettle individual refugees and families. Resettlement Immigration is the process of bringing refugees to Canada. The IRCC also respects recommendations by private sponsorship groups and referral organizations to accept refugees.

Seeking refugee protection

Individuals who flee their country because of fear of persecution may seek asylum at a Canadian border checkpoint or Port of Entry. Canada accepts the responsibility of offering protection to genuine refugees who are:

  • Sponsored by government
  • Sponsored privately
  • Dependants of individual refugees

Criteria of eligibility to apply for refugee status in Canada

  • The person must satisfy the following requirements to make a refugee claim
  • Never had a refugee claim in Canada
  • Does not hold refugee status in another country
  • Should not come to Canada from a safe and designated third country
  • Should satisfy admissibility requirements

The process to determine eligibility for a refugee claim is faster at the Canadian border. It requires a longer time if the claim is from within Canada. 

The visa officer forwards the refugee claim of the eligible person to the Immigration and Refugee Board (IRB). The claimant submits a Personal Information Form to the Immigration and Refugee Board.

It takes around a year to attend a hearing after submission of the Personal Information Form by the claimant. The person may receive a refugee status with no hearing in an exceptional situation when the claim is clear. The claimant can apply for permanent residency following approval of the refugee claim by the Immigration and Refugee Board.

One may approach the Federal Court in the event of a claim refusal. The person will face removal if they fail to convince the Federal Court. The last chance for the claimant to seek refugee status is by applying for a Pre-Removal Risk Assessment. The claimant of the refugee claim provides details of the risk in return in writing. The assessment of the PRRA is the responsibility of a Canada Immigration official.

SunnySpire offers guidance to individuals who intend to make Canada their home by obtaining permanent residence. We help potential immigrants improve their chances of becoming eligible for several immigration programs. Contact us today to explore a variety of immigration options.

Free Immigration Assessment