Can I seek asylum in Canada from India?

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There is asylum in Canada for people whose lives are in danger from persecution and can be dangerous when trying to find safety and protection. The Canada asylum program can be a viable refuge for Indian nationals or people of Indian origin who are threatened to return to India after losing their life, freedom, or security. However, this process and the factors of eligibility for an asylum from outside are pretty complicated to understand. In this blog, we're going to discuss whether you can seek asylum from India in Canada, as well as the entire process involved in seeking so, including how CITRN can assist you along the way.

 

Understanding Canada's Asylum System

Canada's asylum system is actually composed of two streams: Inland Refugee Claims and Resettlement through the Refugee and Humanitarian Resettlement Program.

• Inland Refugee Claims: for individuals who are already within the country and file for asylum at a port of entry or inland.
• Resettlement: outside of Canada, selected through organizations like the United Nations High Commissioner for Refugees (UNHCR) and private sponsors, who recognized as being protected under the banner of Canada's Refugee and Humanitarian Resettlement Program.

If you are in India and wish to make a claim for asylum in Canada, your process will likely start as an inland claim rather than a resettlement-based claim. Now, let's delve into what this really means and where we might be able to assist in supporting you to build your case.

 

Can I Apply for Asylum in Canada from India?

Yes, you can apply for asylum in Canada from India, but the process differs significantly from making an asylum claim from within Canada. Refugees residing in India who are in need of protection and fear returning to their home country may be eligible for resettlement in Canada. However, you must go through specific procedures.

Here are the key points to know:

1. Refugee and Humanitarian Resettlement Program
Are you an Indian citizen, and your rights are being violated accompanied by a risk of life-threat? Then, the Refugee and Humanitarian Resettlement Program by Canada may welcome you in its schedule. This program offers settlement to those people who can't be returned safely to their country of nationality or feared nationality. Such people are staying in a third country, like India.

Canada identifies individuals requiring protection in collaboration with UNHCR and other organizations referring refugees. You can also receive sponsorship for resettlement from a Canadian organization or private group under the Private Sponsorship of Refugees (PSR) Program

 

2. Resettlement Eligibility Criteria
To be eligible for resettlement to Canada you have to meet the following requirements:

• Persecution or Threat of Serious Harm: You must establish that there is persecution on account of race, religion, nationality, political opinion, or membership in a particular social group (for example, LGBTQ+).
• Referral by a Designated Organization: You are referred for resettlement to Canada by the UNHCR, a private sponsorship group, or another authorized referral organization.

The evidence against the claim that it is not possible to resettle abroad because no durable solutions exist overseas, since it cannot return home safely and local integration in India is not feasible.

Private Sponsorship of Refugees (PSR)
One can apply for asylum in Canada from India through the Private Sponsorship of Refugees (PSR) Program. In this program, groups of Canadians or permanent residents, including community organizations and church groups or family members, sponsor refugees for resettlement in Canada.

If you come to Canada as a sponsor through the PSR program, the sponsor group will give you financial support and settlement aid up to one year to ensure that you have all the necessary resources to get on your feet and start over in Canada.

 

How to Apply for Asylum in Canada from India

Applying for asylum in Canada from India is a multi-step process:

Contact the UNHCR or Referral Organization
First, approach the UNHCR or any other organization authorized to refer refugees. The UNHCR will assess your case and establish whether you are eligible for resettlement in Canada according to your protection needs.

Private Sponsorship Application
If you are a private group sponsor in Canada, then this private group needs to apply for a sponsorship application on your behalf from Immigration, Refugees and Citizenship Canada (IRCC). The sponsor group must prove its ability to support you financially and facilitate your settlement in the first year of your stay in Canada.

Submit Required Documents
You will also be required to provide supporting documents that include documents to support claims of persecution and/or danger to life, identification documents, and other paper work as may be requested by the Canadian authorities.

Security and Medical Screening
All asylum claimants are subject to **security screening** and medical screening as part of the resettlement process. Security and medical screening is important to help establish whether or not applicants pose a security risk and are in good health before being resettled in Canada.

Travel and Arrival in Canada
When accepted for resettlement, the International Organization for Migration (IOM) will help to take you travel to Canada. You will be accorded permanent resident status in Canada which will also make you eligible for health care, education, among other benefits in Canada.

 

Challenges in Seeking Asylum from India

While there would be plenty of hopeful aspects related to resettlement programs here in Canada, there are specific issues the applicants would face while applying for asylum from India, including:

• Long Waiting Times: Resettlement can take a few months or, sometimes, even years, based on processing time and the number of available spots in Canada's refugee intake program.
• Problems of Proving Persecution: The applicants have to provide credible evidence of persecution or intimidation, which can prove difficult to acquire, especially while you are fleeing unsafe conditions.
• Lower Opportunities to be Resettled: The UNHCR and other resettlement organizations vet the applicants according to vulnerability; few people are resettled every year.

At CITRN, we work to help persecuted people and those who face severe risks deal with the complexities of the asylum and refugee system in Canada. Our consultants have over 27 years of experience in the immigration sector and will guide you through everything, all the information, details, and facts about asylum in India.

Eligibility Assessment
CITRN analyses the general case condition to determine whether or not one stands eligible for resettlement in Canada. We evaluate your position and advise you on the best alternative course the Canadian immigration policy would permit.

Support for the Sponsorship Application
If you are able to find a family member or community group that is ready to sponsor you through Private Sponsorship of Refugees (PSR), we can provide assistance in getting the applications prepared and submitted. CITRN will ensure all documents prepared are completed and error-free, hence no delay in processing the case.

Document Preparation and Legal Support
We also help you at CITRN to prepare and collect evidence and documents to use in your refugee application and ensure that all these things have been duly documented. In addition to this, we provide you with legal counsel and representation to ensure that your application does not go into a hitch during processing.

Ongoing Support Through the Process
We are there with you every step of the way, from when your case is submitted all the way to when you arrive in Canada. CITRN will provide you with regular communication, inform you about the status of your case, and support you to overcome challenges on your way to asylum.