Refugee Claims And Asylum Seekers
You can seek the protection of Canada if you are a Convention refugee or a person in need of protection.
In order to meet the definition of a Convention refugee you must be in Canada and cannot return to the country you normally live in because you fear persecution because of :
your race
your religion
your political opinion
your nationality
you belonging to a social group, such as women or people of a particular sexual orientation
To meet the definition of a person in need of protection you must show that you cannot return to your home country because you will face a :
Danger of torture
Risk to your life
Risk of cruel or unusual treatment.
The case is viewed by the Refugee Protection Division ( RPD) of the Immigration and Refugee Board (IRB) that will determine if you have an eligible claim, if they determine that you do, you will be granted protected person status and become eligible to apply for permanent residency.
How Can I apply for Asylum?
Applying for asylum is done either from outside of Canada or inside.
If you're applying from outside of Canada ; you are most likely a refugee that has left their home and lived in refugee camps . The first step if you're outside of Canada is to register with the United Nations Refugee Agency UNHCR that works along with private sponsors who identify refugees in need of resettlement . This process may take years to conclude.
Private sponsors are people in Canada who help refugees resettle .They have signed an agreement with the government of Canada to help support refugees. These groups are known as Sponsorship Agreement Holders. They either sponsor refugees themselves or help other people sponsor.
Other sponsors include ; Groups of five and Community sponsors who are people or groups of the community that come together to help sponsor refugees.
How do I find a sponsor?
You don't ! You're first step is to register with the UNHCR so the Canadian government knows you need resettlement , then the Blended Visa Office-Referred (BVOR) Program matches the refugees identified by the UNHCR with private sponsors in Canada.
If you are applying from Inside Canada you must have a well- founded fear of persecution OR are at risk of cruel and unusual punishment in your home country. However , you are NOT eligible to apply for asylum from inside Canada if you had a previous refugee claim that was denied, or been convicted of serious criminal offences.
The first step of applying inside Canada is applying at an IRCC office which you will be required to complete all forms including the Basis of Claim (BOC) form which is your refugee story and is the backbone of your claim. After you submit the application you will be invited for an eligibility interview to decide if you claim will be heard at the RPD .
You can also apply at the Port of Entry where you will make a claim at the airport , land border or any other port of entry. You will then be interviewed by a CBSA officer to determine if you are eligible and will then provide you with the refugee application package ( including the BOC) where you will have 15 days to submit it from inside Canada.
Refugee Appeal Division ( RAD)
The RAD is a second chance to to prove that you are a genuine refugee. A claim can be sent to the RAD when it has been initially refused by the Refugee protection Division ( RPD). You may be able to make an an appeal for your case.
It is very important to note that if you withdraw your case before a decision is made on your refugee claim you can not make a claim in the future.
Preparing for the Refugee Protection Division (RPD)
It is the responsibility of the applicant to gather all the required documents to make their case . This is your story and you need to tell it well. In most cases this will be the only chance you have to do so. All supporting documents must be submitted to the RPD 10 days before the hearing . The member of the RPD will ask questions about the claim , which is why it is imperative that the applicant and any witnesses are well prepared, members are trained to find the smallest inconsistencies.
It is very important that a refugee claimant has proper representation at the RPD and/or the RAD to improve the chances of the claim being accepted.
While In Canada :
You are able to work or study while as long as your claim has been referred to the RPD . In order to do so you must obtain a work or study permit from inside Canada ( which is the exception to the rule of having to apply before you come ).
A refugee claimant is able to work until a decision is made on the application.
A refugee claimant is also entitled to health care under The Interim Federal Health Program ( IFHP). Depending on the rules of coverage of the province where the claimant resides , some may not be eligible. A driver's License may also be issued to the claimant.
Safe Third Country Agreement (STCA)
The STCA is an agreement between Canada and the United States which states that people entering Canada from the United States along the land border are NOT eligible to make a refugee claim in Canada and will be returned to the US unless they meet one of the exemptions.
Seeking Safety, Finding Hope – Let Dawod Immigration Guide Your Refugee Claim. Contact us today and book an appointment so we can assist you in this complex but imperative part of your life.