Inland Refugee Claims

Canada is the forerunner in human rights and protection of the persecuted. **Inland refugee claims** provide an avenue for those already in Canada to seek asylum if they are afraid of persecution in their country because of their race, religion, nationality, political opinion, or being part of a particular social group.

This guide will outline how the inland refugee claim process works, who's eligible, and how CITRN can help you with your claim for protection in Canada.

What is an Inland Refugee Claim?

The inland refugee claim is from individuals who are physically in Canada and cannot return to their country of nationality or habitual residence because of a well-founded fear of persecution. The objective of the process is the grant of refugee protection, which can lead eventually to permanence in Canada.

There are two key forms of protection for refugees in Canada:

Convention Refugee : A person who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Person in Need of Protection : A person who is at a risk of torture, at a risk to life, or at a risk of cruel and unusual treatment or punishment if returned to his home country.

Eligibility Criteria for Inland Refugee Claims

The following are what must be followed for a successful inland refugee claim in Canada.

1. Physical Presence in Canada

This means that you should be on Canadian soil while submitting your inland refugee claim. Inland claims are reserved for people already in the country, as opposed to applications that take place from overseas.

2. Fear of Persecution

You must have a well-founded fear of persecution in your home country based on factors relating to:

Race
Religion
Nationality
Political opinion
Membership in a particular social group (e.g., LGBTQ+ individuals, women facing gender-based violence)

The other category through which you may be granted refugee status is if you are a **person in need of protection** and there is a risk of torture or cruel and unusual treatment if you are returned to your home country.

3. No Other Safe Country

Canada has the Safe Third Country Agreement (STCA) with the United States, which provides that you must make your refugee claim in the first safe country you arrive in. If you came to Canada from the U.S., you may be barred from making an inland refugee claim, but there are some exemptions.

4. Not Inadmissible

You can be deemed inadmissible to make a refugee claim if you:

Have been determined to be a refugee in another country
Have committed a crime or are a danger to Canadian security
Have made a previous, unsuccessful refugee claim in Canada

Inland Refugee Claim Process

In the inland refugee claim process, there are different stages, and each step needs attention for better success

1. Making Your Claim

You can submit an inland refugee claim at a **Canadian border** or an **Immigration, Refugees and Citizenship Canada (IRCC)** office inside Canada. Upon making your claim, you will be given a **Refugee Protection Claimant Document** and can stay in Canada to access relevant services such as health care and working, while your claim is being processed.

2. Admissibility Check

Your refugee claim will undergo a first-level check, called an eligibility review, where it is checked for basic qualifications. If your refugee claim is eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB) for a hearing.

3. Obtaining Evidence

It is very crucial that you secure concrete evidence to prove your claim. Such evidence may be obtained from:

Personal testimony about persecution or threats in your country of origin.
Documents, such as police reports, medical records, and affidavits.
Country condition reports showing the risks in your home country.

4. Refugee Hearing

The Immigration and Refugee Board (IRB) will convene a hearing in order to determine the validity of your claim. You shall be responsible for presenting your case before the hearing while IRB examines the evidence to be presented and reviews the credibility of your claim. The hearing generally occurs several months after the date of your claim.

5. Décision

The IRB will determine whether you are a refugee or a person in need of protection. Should your claim be successful, you will receive **protected person status** and become eligible to apply for permanent residency in Canada. Should your claim be denied, you may be in a position to appeal your decision or apply for judicial review depending upon the particulars of your case.

Rights and Benefits for Refugee Claimants

You are entitled to a number of rights and services in Canada, once you make an inland refugee claim, while your claim is being processed:

Work Permit : Apply for permission to work legally while you are waiting to hear the decision regarding your case.
Healthcare : Refugee claimants are covered for basic health care through Interim Federal Health Program (IFHP).
Education : If you have children, they are entitled to attend public schools in Canada.

How CITRN Can Help

At CITRN, we realize how complicated the process may be for inland refugee claims and the impact it has on emotional distress for both individuals and families. Our immigration expertise in service includes, but is not limited to, the following:

Claim Preparation : We can help you prepare your refugee claim by ensuring all necessary documents and evidence are included.
Legal Representation : Our experienced legal team is ready to represent you at your IRB hearing and advise you through the process.
Appeals and Judicial Reviews : In the case of a denied claim, we can still assist in filing an appeal or judicial review to challenge such action.

Your Gateway to Protection

Canada is obligated to provide safety to individuals who have been persecuted and put in harm's way. If you believe you are a candidate for making an inland refugee claim, CITRN is here to support you through the process.