Refugee claims from India to Canada

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Canada protects the vulnerable from persecution, violence, or any oppression. Being one of the most inclusive refugee systems in the world, Canada receives thousands of refugees every year and gives them a safe space to rebuild their lives. For people in India under any real threat or danger, Canada's refugee system could become an entry way into safety.

 

Refugees from India to Canada: Understanding the Claim

Individuals persecuted or fearing for their safety in India can find refuge by bringing a claim for refugee status in Canada. They can either be resettled through international humanitarian efforts, or make a refugee claim when they arrive in Canada.

There are two approaches that can be followed for presenting a claim as a refugee:

1. Refugee and Humanitarian Resettlement Program: This program brings refugees from places in the world outside of Canada where international organizations such as the United Nations Refugee Agency (UNHCR) have identified them as refugees, to resettle to Canada.
2. In-Canada Asylum Program: People already inside Canada, or at a Canadian port of entry-for instance at one of the airports or border crossings-can make a refugee claim if they fear persecution in their home country.

 

Eligibility Standards for Refugee Claims

The eligibility standards for refugee protection in Canada are provided by the international conventions and the specific laws of the country. The success of a refugee claim depends on the following elements:

1. Fear of Persecution

One of the key factors that describe a person's status as a refugee is having a well-founded fear of persecution in a home country. Such fear of persecution can take place on racial grounds or religious grounds, political grounds, or on any other grounds for that matter, among the following:

• Race
• Religion
• Nationality
• Political Opinion
• Membership of a Particular Social Group (for example, LGBTQ+ persons, women, and victims of gender-based violence)

For individuals who are Indian and are at risk in one or more of these identity groups, the Canadian refugee system provides potential protection. Evidence of persecution would add strength to the claim.

2. Risk of Torture or Inhumane or Degrading Treatment

Even if you do not meet the specific criteria for persecution, you may still qualify to be protected as a refugee if you can show that returning to India would expose you to torture, to any treatment contrary to human dignity, or to  death .

3. Ineligibility Grounds

There are certain grounds that make a person ineligible to make a refugee claim in Canada. Some of them are as follows:

• You have been granted protection in another country in the past.
• You are a claimant whose previous claim for refugee protection was refused by the Immigration and Refugee Board (IRB) of Canada.
• You are engaged in serious crimes, gross violation of human rights, or constitute serious security threat to Canada.

All this makes it possible or not to determine whether you qualify as a refugee.

 

Application for Refugee from India

Refugee applicants in India can seek protection under the Canadian refugee determination process through two ways:

Seeking Refugee Resettlement

Refugee and Humanitarian Resettlement Program would make Canada collaborate with other worldwide agencies, including the UNHCR, to settle various refugees from countries such as India. In this process, people are referred to Canada for resettlement depending on their state of vulnerability. Major steps in this include proper checking to ensure that the most vulnerable people are protected in Canada.

 

Making a Refugee Claim in Canada

In-Canada Asylum Program - If the Indian national is already in Canada, or has just entered at a port of entry, then he or she can make a refugee claim. Such a claim will need to be made under either the Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). Once a claim is accepted for review, it will be forwarded to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) for determination.

Then, the applicant will be scheduled to appear before a hearing where they shall present their evidence, testimonies, and documentation confirming the claim of persecution or danger.

 

How CITRN Can Assist Refugee Claims from India

The Canadian refugee system is not possible to navigate; however, with more than 27 years of experience in providing services to clients, CITRN, a federally licensed Canadian immigration firm, can make the whole procedure intelligible and less confusing. Here's how CITRN can help:

Initial Eligibility Assessment

CITRN will assess your personal circumstances to determine whether you are eligible for being granted refugee status or not. Our team of experienced immigration consultants, reviewing all relevant facts, can advise you on the way ahead and whether you should apply for resettlement or make a claim for asylum in Canada.

Document Preparation and Submission

Proper and comprehensive documentation is among the most fundamental factors in ensuring a successful refugee claim. CITRN will assist you with all the evidence needed: personal statements, documentation about persecution or threats against you, and any other material that may help argue for your case.

Representation and Legal Support

CITRN provides professional representation at the hearing and interview process, hence ensuring that your case is presented adequately. Our consultants will prepare you for your IRB hearing so that you are very well aware of what to expect and the whole process involved.

Appeals and Post-Claim Support

If your refugee claim is rejected, CITRN can support you in identifying possible ways to appeal the decision to either the Refugee Appeal Division (RAD) or the Federal Court of Canada. We will also accompany you through other legal remedies in case of possible deportation, such as the Pre-Removal Risk Assessment (PRRA).

Continuing Support

CITRN offers you continued support for the accommodation of a successful claim or resolving an existing one. In such a scenario, you will be kept abreast of the status of your case and receive information on any and all legal developments of your case. Your questions or concerns will also be promptly attended to and resolved.

 

Why Choose CITRN?

CITRN has a track record of successfully supporting our clients to navigate the very complex Canada's refugee and immigration system. Our team includes highly experienced members who could give personalized guidance and service with care and advocacy and advice with concern regarding the individual case. Are you persecuted in India, and facing harassment, torture or imprisonment, then CITRN is here to help you make a refugee claim in Canada.
 Let us assist you to find safety and protection in Canada.