Inland Refugee Claim
Refugee Applications in Canada
Refugee Applications in Canada
As a signatory to the 1951 Convention Relating to the Status of Refugees, Canada has a deep- rooted commitment to protect refugees, acknowledging the right to asylum and protection from persecution as fundamental human rights. Central to this commitment is the principle of non- refoulement, which prohibits returning refugees to a country where they face serious threats to their life or freedom.
As a result, any foreign national may seek refugee protection in Canada if they have a well- founded fear of persecution in their home country. This fear must be credible and significant enough to prevent them from safely returning to their country of residence.
Are you a refugee or a person in need of protection?
- An individual may be considered a Convention refugee if they have a well- founded fear of persecution upon returning to their country of citizenship or country of legal permanent residence.
- To claim refugee status, the fear of persecution must be based on one of the five forms recognized by the international community: race, religion, nationality, membership of a particular social group (e.g., gender, sexual orientation), or political opinion.
- The individual must also demonstrate that their country citizenship is unable or unwilling to provide them with adequate state protection.
Making a Refugee Claim
- Individuals seeking asylum in Canada can make a refugee claim either at a Port of Entry (POE), such as airports or land border crossings, or inland if they are already within the country. Most claims are processed through an online portal, where applicants provide personal information and a Basis of Claim (BOC), detailing their reasons for seeking asylum. Additionally, claimants must undergo a medical examination and an eligibility interview.
- The Canada Border Services Agency (CBSA) assesses whether the claimant meets the eligibility criteria. This process includes verifying personal information, conducting background checks, and performing an initial assessment of the claims validity. Following this, the Immigration and Refugee Board of Canada (IRB) will schedule a hearing where the claimant can present their case in detail. It is crucial for claimants to submit their BOC to the IRB promptly to meet all deadlines.
Eligibility for Refugee Status
- After a refugee claim is made, the CBSA assesses whether the claimant meets the eligibility criteria to have their case referred to the IRB. Some factors that might render a claim ineligible include:
- Being recognized as a refugee by another country that the claimant can return to.
- Being inadmissible to Canada on grounds of security, criminality, or previous failed refugee claims.
- Having already made a refugee claim in another country or having previously withdrawn or abandoned a claim in Canada.
- If deemed eligible, the claimant will attend a hearing with the Refugee Protection Division (RPD), where they will present evidence supporting their claim. During this hearing, a tribunal member will ask detailed questions about the claimants experiences and reasons for seeking asylum. It is essential for claimants to provide credible, well-documented evidence to support their case.
Safe Third Country Agreement (STCA)
Under the Safe Third Country Agreement, individuals must seek refugee protection in the first safe country they arrive in. For claimants arriving via the United States, this means they generally need to apply for asylum there unless they qualify for specific exemptions. These exemptions include having family members in Canada, being an unaccompanied minor, holding certain types of Canadian documentation, or falling under public interest exceptions. Detailed information and assistance are available through the Government of Canada's website or by consulting a legal professional.
Who Qualifies as a Refugee?
A person may be recognized as a Convention Refugee if they have a well- founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, such as gender or sexual orientation. If a claimant cannot prove persecution under these grounds, they might still qualify as a person in need of protection if they face risks like torture, cruel and unusual punishment, or death in their home country. The fear must be specific and personalized, not a general risk faced by the entire population. Claimants must demonstrate that they lack adequate state protection in their home country and cannot safely relocate within it.
Preparing for Your Refugee Hearing
The Immigration and Refugee Board of Canada (IRB) decides refugee claims through a quasi-judicial hearing process. During the hearing, a tribunal member will ask detailed questions about the claimant's experiences and reasons for seeking asylum. It is essential for claimants to provide credible, well-documented evidence to support their case. Legal representation can significantly aid in preparing for and navigating the hearing process, ensuring that claimants effectively present their claims.
Options After a Refusal
- If a refugee claim is denied, there are still avenues for recourse. Claimants can appeal the decision to the Refugee Appeal Division (RAD) or seek judicial review at the Federal Court of Canada. Its important to act promptly, as there are strict timelines for filing appeals. Legal advice can help determine the best course of action and improve the chances of a successful appeal.
- By understanding the process and requirements, claimants can better navigate the refugee application system in Canada, ensuring that they receive the protection they need and deserve.
