Refugee & Asylum Services
Refugees/ Protected Person
Canada’s Refugee Class program offers protection to individuals fleeing persecution, war, violence, or danger in their home country. As a global leader in refugee protection, Canada provides two main pathways for individuals seeking refuge: the Refugee Claim process for those already in Canada and the Resettlement Process for those applying from abroad. These pathways are designed to offer security, stability, and a future in Canada.
Who is Eligible Under the Refugee Class?
To qualify as a refugee under Canadian immigration law, individuals must meet the definition of a Convention Refugee or a person in need of protection.
- Convention Refugee:
- A Convention Refugee is someone who:
- Is outside their home country or the country where they normally live.
- Is unable or unwilling to return to their country due to a well-founded fear of persecution based on:
- Race
- Religion
- Political opinion
- Nationality
- Membership in a particular social group (e.g., gender, sexual orientation)
- Person in Need of Protection:
- A person in need of protection is someone already in Canada who cannot return to their home country due to the risk of:
- Torture
- Risk to life
- Risk of cruel and unusual treatment or punishment.
How to Apply for Refugee Status in Canada
There are two primary ways to apply for refugee protection in Canada:
- Refugee Claim (Inland Refugee Protection Claim)
- This option is for individuals who are already in Canada and believe they need refugee protection. Refugee claims can be made at:
- A port of entry(airport, land border, or seaport) upon arrival in Canada.
- An IRCC or Canada Border Services Agency (CBSA) office after entering the country.
- Resettlement Process (Outside of Canada)
- For individuals outside of Canada, refugee protection is provided through resettlement programssuch as:
- Government-Assisted Refugees (GAR): Refugees identified by the United Nations Refugee Agency (UNHCR) and resettled to Canada with financial and settlement support from the Canadian government.
- Privately Sponsored Refugees (PSR): Refugees sponsored by private groups or organizations in Canada, such as community organizations or groups of five individuals who commit to supporting the refugee for one year.
- Blended Visa Office-Referred (BVOR): A combination of government and private sponsorship.
The Refugee Claim Process
Once a refugee claim is made in Canada, it follows several steps:
- Eligibility Assessment
- Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) will assess if the claim is eligible for consideration by the Immigration and Refugee Board (IRB).
- Claims may be deemed ineligible if:
- The individual has been recognized as a refugee by another country.
- The individual has made a previous refugee claim that was rejected or withdrawn.
- There are criminal or security concerns.
- Hearing Before the Refugee Protection Division (RPD)
- If the claim is eligible, it will be referred to the Refugee Protection Division of the IRB. The applicant will be notified of a hearing date.
- During the hearing, the applicant must present evidence of persecution or risk of harm in their home country, and they will be interviewed by an IRB officer.
- The decision is typically issued a few weeks after the hearing.
- Decision on the Claim
- If the claim is approved, the applicant will be granted protected person status and can apply for permanent residency.
- If the claim is rejected, the individual may have options for appeal through the Refugee Appeal Division (RAD)or a judicial review in the Federal Court of Canada.
Permanent Residency Pathways for Refugees
Once an individual has been accepted as a refugee in Canada, they can apply for permanent residency through the following steps:
- Protected Persons in Canada
- Individuals who have been granted refugee status by the IRB or are recognized as protected persons can apply for permanent residency. The application must include documentation proving their status as a protected person and any dependents they may wish to include in the application.
- Resettled Refugees
- Refugees who come to Canada through the Government-Assisted Refugee or Private Sponsorship programs are automatically granted permanent residency upon arrival.
- Spouses and Dependents
- Refugees and protected persons can also include their spouses and dependent children in their permanent residency application, even if they are outside Canada.
How Long Does the Process Take?
The processing time for refugee claims and resettlement applications can vary depending on the complexity of the case and current backlogs:
Refugee Claims in Canada
- Processing times vary but can take anywhere from 18 to 24 months. This includes the time for the IRB hearing and decision-making process.
Resettlement Applications
- Government-Assisted Refugees (GAR)typically take between 12 to 24 months for the application to be processed.
- Privately Sponsored Refugees (PSR)applications may take longer, with processing times ranging from 12 to 36 months.
Assessment of Refugee Claims
When assessing refugee claims, Canadian authorities consider a variety of factors to determine if an individual is eligible for protection:
Credibility of the Applicant
- The immigration officer and the IRB judge will assess the consistency and reliability of the applicant’s testimony. Documents supporting the claim, such as news reports, medical reports, or legal documents from the applicant’s home country, are essential to building a credible case.
Country Conditions
- The IRB reviews current country conditions in the applicant’s home country. If there is evidence of ongoing violence, persecution, or human rights violations, this may support the applicant’s case.
Best Interests of the Child
- If children are involved in the refugee claim, their welfare and well-being will be considered.
Previous Refugee Applications
- Past refugee claims in other countries or a prior application with IRCC may affect the outcome of the claim.
Conclusion
Canada’s Refugee Class offers a safe haven for individuals fleeing persecution and danger, providing them with a pathway to protection and permanent residency. While the process can be complex and time-consuming, those in need of protection can secure a new life in Canada.
At Immisa Immigration, we offer comprehensive support throughout the refugee application process, from preparing the initial claim to applying for permanent residency. If you’re seeking refugee protection in Canada, we’re here to guide you every step of the way.
To learn more about how we can assist with your refugee claim and immigration journey.
