Claim refugee protection

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Canada is highly committed to providing refuge to people fleeing persecution, violence, among other dangers in their home countries. Seeking refugee protection is the crucial step toward safety and a new life in Canada. Sometimes even being aware of how one may make a claim for refugee protection, what documents needed to be filed, and how to chart one's way in the system can become confusing. That is when the guidance from CITRN proves invaluable in helping the process navigate its way through.

 

What is Refugee Protection in Canada?

Refugee protection in Canada is granted to those who have a well-founded fear of persecution based on one of the five grounds enumerated: race, religion, political opinion, nationality, or membership in a particular social group; they do not want to return to their home country. International law provides people with the right, under the Immigration and Refugee Protection Act (IRPA), to apply for refugee status at a port of entry or within Canada.

There are two classes of refugees Canada protects. However, there is really only two types of refugees:

• Convention Refugees: Someone who is outside of their country of nationality or, having a nationality, is unable to return to that country because of a well-founded fear of persecution.
• Refugees Already in Canada: Those people who are already in Canada and cannot return home as there is a risk of torture, danger to life or danger of cruel and unusual punishment.

 

How to Claim Refugee Protection in Canada

You can apply for refugee protection in Canada either by:

1. At a Port of Entry
If you arrive at a Canadian airport, seaport, or land border, you can make your refugee claim to a Canada Border Services Agency (CBSA) officer. The officer will consider if you are eligible for referral to the Immigration and Refugee Board (IRB).

The CBSA officer will ask questions about your identity, travel history, and reasons for needing protection. Try to give clear answers to every question during this interview.

2. In Canada
If you are already in Canada, you can submit your claim to an Immigration, Refugees and Citizenship Canada (IRCC) office. You will have to present a Basis of Claim (BOC) form, which is a document outlining your reasons for seeking refugee protection, your personal information, supporting documents, and details about the threats or risks you face in your home country.

Once you submit your claim, it will be processed to find out whether or not it is eligible; in case it qualifies, your case will be forwarded to the RPD from the IRB where it will be heard for an assessment of merits based on your claim.

 

Refugee Protection in Canada Eligibility

But to be considered for protection as a refugee, your case has to meet some criteria. You are not eligible to submit a refugee claim in Canada if:

• You have been accepted as a Convention Refugee by another country where you can reside.
• It covers those individuals who came to Canada under Canada-U.S. Safe Third Country Agreement (STCA) and should have their refugee claims in the first country of safely reached, of course, in U.S.A.
• You have made a refugee claim in the past, which was rejected in Canada
• You are considered a security threat, you did a very serious crime, or violated human rights.

If your case does not fall into one of the categories mentioned above, then yours is a case ineligible for protection. In such a case, you may be eligible to appeal or apply for other forms of relief.

 

Refugee Protection Procedure

After your claim is accepted and sent to the IRB, you'll have your first appearance at a Refugee Protection Division (RPD) hearing. A decision at the RPD will establish whether you are entitled to receive protection as a refugee. And here is what happens in the process:

1. Preparation for the Hearing
Your hearing will take place within 60 to 90 days from the date your application is referred. Before appearing at the hearing you must submit all information relevant to your claim, including your Basis of Claim (BOC) form with supporting proof of your claim, and any additional information that would assist in presenting your case.

2. The Refugee Hearing
In the course of the hearing, a member of the IRB will examine the case of an individual and pose different questions in order to assess the eligibility of the person for protection under the refugee claim. This is why effective representation is the most important factor to ensure that the case of an individual is comprehensively and thoroughly put before the IRB.

3. The Decision
Following the hearing, the IRB will provide a decision on your refugee claim. In case of approval, you'll enjoy protection by Canada with refugee status and subsequently be eligible for permanent residence. In case the case is refused, it's still possible to appeal the case or apply for judicial review.

 

How CITRN Can Help You to Make a Refugee Protection Claim

Coming to Canada to seek refugee protection can be very stressing and much of a challenge. However, with the assistance of CITRN, you need not navigate alone. Here's how we can assist you:

Consultation and Case Evaluation
Personal consultations: We evaluate your case personally. We scrutinize your case, analyze your eligibility to obtain protection as a refugee, and help you at each step.

Support with Preparing Your Application for Refugee Status
Our experienced practitioners will assist you to prepare your application for refugee status and complete the Basis of Claim (BOC) document to the best of your ability. Complete and accurate paperwork minimizes delays in the process while increasing your chances of success.

Representation at your Refugee Hearings
Perhaps the most important component of your refugee claim is your hearing with the IRB. CITRN arranges for advocacy at your hearings by experienced lawyers; this will ensure that your case is presented briefly on your behalf and to your best advantage. We will more than prepare you for what may arise during the questions asked at the hearing and really act on your behalf for an excellent result.

Appeals and Judicial Reviews
If your refugee claim is refused, we can help by having a statement of appeal prepared or submitting an application for judicial review. We will go over the reasons that led to the decision refusal very carefully and evaluate all possible avenues for you to be able to continue on your journey towards protection in Canada.

Continuous Support at All Stages
We are proud, within CITRN, of providing continuous support on all matters to our clients. Be it document collection, understanding procedures for the next steps, or preparation for their hearing, we stand ready at every step.