REFUGEE & IMMIGRATION LAW
Every person in Canada, regardless if he is a Citizen, Permanent Resident, or visitor, has the right to life, liberty, and security. These rights are ultimately protected by the Geneva Convention signed by Canada in 1951 (Convention relating to the Status of Refugees).
According to this Convention, Canada will protect any entitled person from persecution.
However, not everyone is eligible to claim refugee protection in Canada. Immigration Officer will first determine your eligibility and may decide otherwise if:
- You have been recognized as a Convention refugee by another country to which you can return;
- You have already been granted protected person status in Canada;
- You arrived via the Canada-United States border;
- You are not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
- You made a previous refugee claim that was found to be ineligible for referral to the IRB;
- You made a previous refugee claim that was rejected by the IRB; or
- You abandoned or withdrew a previous refugee claim.
If the Immigration Officer has concluded that you are eligible, then your case will be referred to the Immigration and Refugee Board. This administrative tribunal will further decide whether or not you qualify as a Convention Refugee or the Person in need of protection.
Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group, such as women or people of a particular sexual orientation.
A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.
Refugee Determination Process
In order to obtain your Refugee status in Canada, you must be outside of your home country and have a proven fear of persecution. This persecution must also be based on reasons of race, nationality, membership of a particular social group, or political opinion. For example, we can talk about specific minority groups within a country or women that cannot be well protected from conjugal violence in their home country.
In any case, you will have to prove to the judge that your own government is unable to protect you from the persecution, so you have to seek protection elsewhere.
Where to start?
A refugee claim needs to be done as soon as you arrived in Canada. First of all, you need to gather certain documents and complete the application package. Then, you will need to claim refugee protection in person, at one of the CIC offices.
Claiming Refugee protection status is a complex procedure, and it is recommended to have a specialized Immigration Attorney accompany you throughout the process: from the initial claim to the actual hearing at IRB and, in your case is refused – appeal the decision. Please email us today or call to book an appointment.
