Refugee Claims in Canada

Canada has a system for refugee protection that permits individuals in dangerous situations in  their home countries to request permission to stay. This is known as making a refugee claim, however, not everyone who applies will be granted protection. The main legal instrument  regarding refugee claims in Canada is the Immigration and Refugee Protection Act (IRPA) which  sets out the framework for immigration to Canada and the granting of refugee protection to those who are displaced, persecuted or in danger. Canada is also a party to the 1951 UN Refugee Convention which defines the term 'refugee', outlines the rights and the international standards  of treatment for refugee protection. This short article will explain the process of making a claim  and some of the most common misunderstandings.

In order to make a refugee claim, you need to be in Canada or at a Canadian entry port (e.g., an  airport), and be eligible. Although it seems rather straightforward, eligibility aspect of the process can sometimes be a source of confusion. Some of the most common reasons why you may not  be eligible to make a claim include having Convention Refugee status in another country that you can go back to, a previously refused refugee claim in Canada, or that you may not be qualified as  an exception to the Safe Third Country Agreement. In order to ensure that you do not fall within  one of the categories which may be an obstacle to your claim, it’s important to ensure that you get legal assistance before starting a claim. This can be a lawyer or a legal representative who can  help you make an informed decision and assist throughout the process. If you have financial  concerns about getting legal assistance, you may also be able to get a lawyer through Legal Aid for free or at a significantly lower cost.  

Although the process for making a claim at a port of entry and from within Canada differs a little,  both processes involve many common steps. If you wish to seek asylum at an entry port, you  should tell the CBSA officer that you would like to make a refugee claim and provide all of your  identification documents. You will then be directed to have your fingerprints and photos taken (biometrics), and have an eligibility interview with the CBSA (immediately or afterwards). If found  eligible, you can get a RPCD identity document and have access to health services. Then you complete the medical exam, and submit your Basis of Claim form to the Immigration and Refugee  Board of Canada (IRB). After your medical exam, you can also apply for a work permit and legally work in Canada. As you wait for your hearing date, you should also gather and send evidence in  order to support your claim. In certain cases, if the evidence is strong enough, claims may be  approved without a hearing as well.  

For those who wish to make a claim from within Canada, the process starts by submitting an  online claim through the IRCC online portal. After getting your Acknowledgement of Claim Letter,  you should complete your medical exam, provide your biometrics, and have an eligibility  interview with IRCC. If found eligible, the rest of the process is quite similar to the first scenario,  as you get your RPCD identity document, and send further evidence to support your claim.

Some of the most important considerations when determining a refugee claim are credibility,  genuine fear about going back to the country you came from, and any possible delays in making  the claim. These factors are considered as a whole, which is why it’s imperative that you are  consistent and honest. Your criminal background is also relevant, which is why you should not  conceal any information with the fear that it may negatively influence your application. Any  misleading or wrong information in this regard may later influence your status as a permanent  resident as well. 

Finally, if your claim is accepted, then you get a protected person or Convention Refugee status  in Canada and you may prepare an application for permanent residency. This does not mean that  you have become a Canadian citizen, however, it means that you may reside in Canada and have  many of the similar rights and privileges of a citizen. The criteria for becoming a Canadian citizen  are different and will be explained in a separate article. On the other hand, if your application is  rejected, immediately contact your legal representative so you can understand the reasons for  the refusal. In most cases you may be able to appeal to the Refugee Appeal Division of the IRB.  Be aware that any action you can take after this point will be subject to deadlines, so making an  informed decision quickly will be crucial.  

If you have any further questions about refugee law in Canada or submitting a claim, please feel  free to contact our firm at mail@atasoylaw.ca.

Disclaimer:

The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create a solicitor-client relationship. Refugee and immigration law is complex and fact-specific; outcomes can vary depending on individual circumstances. For legal assistance regarding refugee claims, please contact our office directly.