Refugees

Canada has always opened its arms to the world and is considered a frontrunner when it comes to protecting the persecuted and victims of conflict and danger. The system of refugee immigration into Canada provides a lifeline to those in search of safety and a new start. With a great devotion to humanitarian values, Canada's refugee program is designed in such a way as to protect the vulnerable while assisting them in settling in and contributing to the economy. This page offers a comprehensive guide to Canada's refugee system: the different pathways to protection, the eligibility criteria, and the process followed in seeking protection in Canada.

A refugee is a person who was compelled to flee his or her home country due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group, such as gender or sexual orientation. If returned to their home country, they are in grave danger and often beyond protection by their government.

In its system of refugee protection, Canada acknowledges two major types of refugees, and these are:

1. Convention Refugees: These are defined as persons in a position to fulfill the definition of a refugee set out under the 1951 United Nations Refugee Convention. Such persons cannot return to their home country due to fear of persecution.

2. Persons in Need of Protection: Individuals who, if returned to their home country, would face a risk of torture or cruel or inhuman treatment or punishment. This might include people who do not meet the strict definition of a refugee but who, if returned, would be in danger of serious harm.

Canada's Refugee Protection Programs

The Canadian system for protecting refugees is based on two key programs: Resettlement from abroad and Inland refugee claims.

Resettlement from Abroad

This program allows refugees who have fled their country for other countries to resettle in Canada with the assistance of the Government of Canada, private sponsors, or a combination of both. The resettling program takes the most fragile cases into consideration and creates a process in a well-structured manner to start their new lives in Canada.

Key Resettlement Programs:

• Government-Assisted Refugees (GARs) : These are the individuals who get referred to Canada by UNHCR or any other referring organisation. Under this category of refugees, for a maximum period of one year, starting from the date of arrival, GARs receive direct financial support from the government of Canada, along with all the necessary services.
• Privately Sponsored Refugees (PSRs) : Privately, individuals or organizations in Canada sponsor refugees for support, both financially and emotionally, in their resettling. The commitment of the sponsors to support refugee(s) is for a continuous period of 12 months or until the refugees become self-sufficient.
• Blended Visa Office-Referred Program (BVOR) : A program where the government of Canada and private sponsors share the financial responsibilities for sponsoring refugees. In this program, the government subsidizes for six months, while private sponsors cover the other six months.

Eligibility for Resettlement:

• Must be outside your home country and unable to return due to fear of persecution or risk of harm.
• Should be referred by the UNHCR, or by another referral organization designated, or should be privately sponsored in Canada.
• The resettlement process will involve medical, security, and criminality checks.

Inland refugee claims

If you are already in Canada, you can make a refugee claim from within the country. Inland refugee claims allow individuals who are physically present in Canada to apply for refugee protection, even if they arrived as tourists, students, or temporary workers.

Eligibility for an Inland Claim:

• Must be physically present in Canada
• Must show a real concern of persecution or serious injury if sent back to one's country.
• Your claim must be heard and decided by the IRB, an independent tribunal that decides all refugee claims.
•  If your claim is accepted, you will be given protected person status, and you can apply for permanent residency.

Step-by-Step Process for a Refugee Claim

Seeking refuge in Canada is a very detailed process in order to safeguard not only the claimant but also the immigration system of Canada. Herein, a summary or, rather, explanation of how the refugee claim process goes on is presented in steps.

Step 1: Claim Submission
If you are applying for protection from within Canada, you can submit your claim at a port of entry -such as an airport or border crossing-or directly to an Immigration, Refugees, and Citizenship Canada (IRCC) office. The government will conduct a preliminary review to determine that your claim is admissible for referral to the Immigration and Refugee Board (IRB).

Step 2: Refugee Hearing
Once the above is completed, your claim is forwarded to the IRB, and a date is given to you to attend a refugee hearing. In this hearing, you are required to present your evidence to prove your claim that you cannot go back home on account of fear of persecution or serious harm. While making a decision, IRB would look into the documents, personal testimony, and conditions around the county. 

Step 3: Decision by the Immigration and Refugee Board
Either the IRB will accept or reject your claim. If the IRB accepts your claim, you will be given what is called protected person status in Canada. In this status, you can apply for permanent residency status, as well as access to certain social services. If your claim is rejected, you can either appeal the decision to a higher board or pursue other avenues of immigration options.

Step 4: Applying for Permanent Residency
Once protected person status is granted, you may be entitled to apply for permanent residency. Permanent residents have the right to live and work in Canada indefinitely with entitlements such as but not limited to health insurance, education and the opportunity to apply for Canadian citizenship in the future.

Rights and Responsibilities of Refugees in Canada

Upon arriving into Canada as a refugee, there are a number of rights and benefits which you are entitled to and these include:

• Right to Safety and Protection : The refugees are protected from deportation into a country where they face persecution or harm.
• Right to Work and Study : They may apply for work permits and register themselves in educational courses and programs.
• Access to Healthcare : This will entitle them to health care services under the provision of Interim Federal Health Program IFHP, which covers essential medical care.
• Social services : Through various social assistance programs, settlement services and language training programs, refugees can get into the swing of things in Canadian society.

Having said that, refugees also do have some responsibilities. They include adherence to the various laws in Canada, not playing down on other people's rights, and becoming self-reliant by either finding a job for themselves or furthering their education.

Commitment by Canada to the Refugees

Canada's refugee program is a reflection of commitments to human rights and humanitarian values. Providing a safe haven for persons persecuted, Canada ensures that under its refugee system, not only are lives saved but the possibility of meaningfully contributing to their new communities is extended. Resilient, determined, and with diverse experiences, refugees contribute to the cultural, social, and economic mosaic that is Canada.

How CITRN Can Help

We are aware of the complexity that goes into the refugee system in Canada at CITRN. Whether you want to pursue resettlement abroad or seek to do an inland refugee claim, our team of experts can take you through the process step by step. Everything from navigating the process of making a refugee claim to achieving permanent residency; we'll try to help you find your safety and new beginning in this land of maple leaf and winter sports. Now, connect with our office to see how we can help you with your claim