Legal

How to Claim Refugee Protection in Canada?

robert ricem
robert ricem
5 min read

The Canadian government welcomes people from all over the world to come to their country and live happy, fulfilling lives. It offers different types of programs to facilitate people from all sorts of backgrounds, including refugee protection programs.

 

Refugee Protection Program is for people with nowhere to go because they are under threat in their own country. A threat includes being at risk of torture, cruel treatment, or death. If a person falls under this category, they can apply for refugee protection in Canada.

 

Let’s take a look at what are the eligibility requirements and how one can apply for refugee protection.

 

Eligibility Requirements

The Immigration and Refugee Board of Canada (IRB) evaluates applications for refugee protection. If you apply, you must follow the requirements to make the IRB proceed with your case. These requirements include:

 

The person should not have refugee status in another countryThe person has not made a claim for refugee status in any other countryThe person doesn’t have a protection status in CanadaThe person doesn’t have a criminal record, convictions, or human rights violationsThe person hasn’t made a refugee claim and abandoned/withdrew it previously (In Canada)

 

The IRB classifies refugees into two categories: convention refugees and protect refugees.

 

Convention Refugees

Convention refugees are people who can’t return to their country of origin or where they permanently resided because of the threat of persecution because of their gender, race, sexuality, religion, nationality, political stance, etc.

 

Protection Refugees

Protection refugees are those who can’t return to their homeland because of a threat to their life or family because of isolated incidents that involve them specifically.

 

The Canada-United States Agreement

The United States of America and Canada have an agreement that a person who claims refugee protection must claim it in the first country they arrive in, and it is safe for them. For example, a person coming to Canada through the US border can only claim refugee protection in the United States and not in Canada unless they already have family in Canada. The eligibility requirements apply to everyone applying for a refugee status.

 

Types of Refugee Protection Program

There are two different types of refugee programs in Canada. These are:

 

IN-Canada Refugee Program

The In-Canada Refugee Program is the most common asylum program offering people to settle in Canada and live peacefully without threats. People already living in Canada can apply for this type of refugee protection, and the IRB will process their case if all the requirements are met.

 

If the IRB finds the person deserving of refugee protection, they are given protected status, can apply for permanent residence, and get settled in Canada permanently. If the IRB rejects the appeal, they can file an appeal to review their decision to the Refugee Appeal Division (RAD).

 

Refugee Resettlement Program

The refugee or humanitarian resettlement program is designed for people who are outside of Canada but are in danger in their country of origin or where they currently reside. They must be referred by the United Nations Refugee Agency (UNHCR) or any other sponsorship group and have refugee status documents.

 

After reviewing the case, if the IRB decides the refugee is eligible to enter Canada, they are resettled through one of the various resettlement programs, like the Government-Assisted Refugee Programs (GAR) or Private Sponsorship Programs (PSR).

 

How to Apply for Refugee Protection

If you’re in Canada and need to apply for refugee protection status, you need to answer a few questions and prepare an application for your case. An immigration lawyer will offer you advice and help you with every step of the procedure, ensuring your application is perfect and has a high chance of approval. If you’re searching for an experienced immigration lawyer in Canada, Nanda & Associate Lawyers can help you.

 

They have a team of experienced immigration lawyers who can help you with your refugee protection application and appeal the decision if your application doesn’t get approved. Moreover, they also have business lawyers, wills and estate lawyers, civil litigation lawyers, and more.

 

Book a meeting with them today.

 

 

About the Author

Arthur Bruce is an immigration lawyer and has been practicing law for the last 5 years. He has been associated with Nanda & Associate Lawyers for over 3 years and has helped hundreds of people successfully enter Canada by helping them prepare their immigration applications.

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.

 

 

 

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