Make a claim if you are already in Canada

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Canada is an open country that welcomes people who flee from persecution, violence, or danger in their home countries. If you are already inside the country of Canada with a fear of going back to your home country, you may claim refugee protection inside the country. People have the right to apply for protection without a need to leave the country. A person can restart life anew in the relative safety of the new country.

We will guide you through the process of making your refugee claim in case you're already in Canada, to what you should expect while going through the process, and how CITRN, a reliable immigration consultancy, can ensure protection for you.

 

Who Can Make a Refugee Claim Inside Canada?

Refugee claim :You may make a refugee claim in Canada if you're concerned that there is a risk of returning to your country of nationality, and there exists a well-founded fear of persecution, an actual risk of serious harm, or life-threatening circumstances. There are two primary categories under which a refugee claim can be filed:

1.  Convention Refugee
An individual who is outside his country of origin and who is unable or unwilling to return there, given a well-founded fear of being persecuted because of his race, religion, nationality, political opinion, or membership in a particular social group.

2. Person in Need of Protection
A person who is inside Canada and is at a risk of being tortured, their life, or to cruel and unusual treatment or punishment if they return to their home country.

 

Eligibility Criteria to Submit a Refugee Claim

To submit your claim for refugee status in Canada, you must fulfill certain requirements. You cannot submit an application if:.

• You are known as a refugee in another country, to which you may return.
• You cross into Canada by the Safe Third Country Agreement from the U.S. (except for some exceptions).

If your case is not among them, you are likely eligible for making the refugee claim within Canada.

 

Making a Refugee Claim Within Canada

Apply through the IRCC:
You are eligible to submit your refugee claim at the time you wish to do so, and you will need to apply through Immigration, Refugees, and Citizenship Canada (IRCC). You can apply online or in person in an office designated by IRCC.

The application asks very detailed questions about your situation, including why you are afraid of returning to your country of origin and the risks that you fear.

Complete the Basis of Claim (BOC) Form
Perhaps the most crucial part of the asylum claim process is the Basis of Claim (BOC) form. The BOC form allows you to provide ample time to explain why you require refugee status, threats against you or persecution, and any experiences in your country of origin to prove why you need protection.

Ensure you were filling the BOC form accurately, with as much detail as possible to support your claim. That form then shall be used during your refugee hearing for assessment of case merits.

Attend Refugee Claim Interview
You may be required to present yourself before an officer of the IRCC or an officer of the CBSA for an interview after sending in your claim. The interview will determine whether you qualify to bring forward a refugee claim or not.

You will be asked about your situation, why you are fleeing, and what evidence supports your claim. Your answers need to make sense and be truthful so that you have consistency in your answers

Prepare for Your Refugee Hearing
Once your application is accepted, you will receive a hearing date with the Immigration and Refugee Board of Canada (IRB). The refugee hearing is where a decision-maker will evaluate your case based on the BOC form and all the information that you may have provided during your hearing.

Finally, after screening, you will be led to the hearing, which is a very significant step and also marks whether you will be given refugee protection. At this stage, you will be required to detail testimony on what you have gone through and may present documents or witness statements to back up your claim.

 

After Refugee Hearing

You Get Refugee Protection Accepted
If your claim is accepted, you would be granted refugee protection in Canada. This grants you permission to reside in Canada, work in Canada, study in Canada, and the right to submit a permanent residency application in Canada. Once permanent residency has been achieved, an application for Canadian citizenship may be made pending certain requirements related to Canadian residency are met.

If Your Claim Is Denied:
If your claim is rejected, you can appeal. You can appeal to the Refugee Appeal Division (RAD) or have your case reviewed for judicial review in the Federal Court of Canada. Appeals should be submitted promptly because timelines are binding after being rejected.

Not all refused claims can be appealed, but **CITRN** may be able to advise you about the possibility of an appeal and what other choices may be available if your claim is denied.

 

How CITRN Can Support You In Filing a Refugee Claim Within Canada

Filing a refugee claim is very complicated, and it is also emotionally demanding. CITRN is here to help guide you through every step of the process. From our long years of experience and tailored approach, we can walk you through an application process and prepare you for your hearing to have your case presented in the best possible light.

Case Assessment
Our experts at CITRN shall give you a whole review of your case before making a refugee claim. We will advise you whether you meet the eligibility criteria and shall provide you with case-specific advice on how to further pursue your claim.

Assistance with the Basis of Claim (BOC) Form
The BOC form is very detailed and kind of intimidating, but CITRN will walk you through filling it out to include all pertinent information with your unique story being well-told.

Preparation for Your Refugee Hearing
The hearing is perhaps the most crucial stage in the whole process, and proper preparation would mean the way to success. CITRN will tell you what to expect at the hearing, prepare you for questions that would be asked of you, and advise you on how to put forward your case.

Support Throughout the Process
CITRN walks with you from the day your refugee claim is submitted until the day of the decision. Throughout the entire process, we accompany you, help you gather evidence, and enable you to meet the deadlines for submitting documents.

Appeal and Judicial Review
If your asylum claim is rejected, CITRN can assist you to appeal or apply for judicial review. Our team will evaluate your options and work to ensure that your case is heard with proper consideration.