Claim Refugee Inside Canada

Claim Refugee Inside Canada

Before you decide, whether you are eligible for a refugee status inside Canada, please see the following criteria for a person who can claim this status in Canada:

• people who fear persecution; 
• people who would be in danger if they had to leave Canada;
• people who can face torture;
• people who can face risk to their life;
• people at risk of cruel and unusual treatment or punishment.

If you feel that you could face one of these risks when you go back to your home country or the country where you live, you may be eligible to seek protection in Canada as a refugee. To be able to Claim Refugee Inside Canada you must be in Canada and can not be subject to a removal order. Remember, that if you are outside Canada, you may be allowed to immigrate to Canada through one of other programs or resettle in Canada as a refugee.

After you make a refugee claim, it can be referred to the Immigration and Refugee Board of Canada which is an independent tribunal responsible for making decisions on immigration and refugee matters. Sometimes, your refugee claim may not be eligible to be referred to the IRB. It may happen if:

• another country that you can return to recognizes you as a convention refugee;
• you have a protected person status in Canada;
• you came to Canada via the Canada–United States border;
• you have claimed a refugee in another country;
• you are not admissible to Canada because of security reasons, criminal activity, or human rights violations;
• you made a refugee claim before and it was not found eligible;
• the IRB has rejected your previous refugee claim;
• you abandoned or withdrew a previous refugee claim.

The IRB is responsible to decide whether you are a convention refugee or a person in need of protection. Persons who are outside their home country or the country where they normally live and are not able to return, because of a fear of racial, political, religious, or other persecution are considered convention refugees. 

Persons in Canada who can not return to their home country safely because, if they return, they may face the danger of torture, the risk to their life, or the risk of cruel and unusual treatment or punishment are considered persons in need of protection. 

It is worth mentioning, that Canada has an agreement with the United States of America that states: people who want to make a refugee claim must do so in the first safe country they arrive in. That is why if you enter Canada from the U.S., you are not allowed to make a refugee claim in Canada. Only sometimes, for example, if you have family who lives in Canada, this rule does not apply to you.

Before you make a refugee claim, you have to answer a few questions online. This is to check if you can make a refugee claim inside Canada. If you are considered eligible to claim a refugee, your refugee hearing will take place and the Immigration and Refugee Board of Canada will either approve or reject your refugee claim. 

Remember, that if the IRB accepts your claim, you get a “protected person” status, that allows you to stay in Canada and allows you to apply to become a permanent resident of Canada. It is worth mentioning, that if the  Immigration and Refugee Board of Canada rejects your claim, you will be obliged to leave Canada. Sometimes, depending on your individual situation, you may be eligible to appeal the IRB’s decision or choose other options available to you. For example, if you are in Canada and your refugee claim or permanent resident application was rejected, there are still a number of options for you. Remember, that Canada does not want to send people back to countries where they can face the risk. But there is no guarantee, that an applicant will be found eligible under any of these processes and then you can use other options to stay in Canada:

1. Pre-removal risk assessment. After you are asked to leave Canada, you may try and apply under this process. An officer will review the documents related to your case and any other evidence that you provided.
2. After you received a negative decision on your refugee claim, you can appeal to the Refugee Appeal Division at the Immigration and Refugee Board of Canada. Please, before you choose this option - learn more about the Refugee Appeal Division, as some failed claimants are not eligible to apply.
3. Apply to the Federal Court of Canada for judicial review and ask them to review the decision made on your case.
4. Humanitarian and compassionate grounds can also be the reason to allow you to become a permanent resident of Canada, but this option is quite rare.

While waiting for a Claim Refugee Inside Canada Application Processing, you are allowed to apply for a work or study permit. Also, you can submit both of these applications at the same time. If you have already submitted your refugee claim but have not applied for a work permit at the same time, you are allowed to apply for a work permit separately. First, you need to include a copy of your refugee protection claimant document and proof that you passed your immigration medical exam and you need a job to pay for your and your family members’ basic needs in Canada. You do not need to pay fees for these permits when you are waiting for a decision on your refugee claim in Canada.

If you have already submitted your Claim Refugee Inside Canada, but have not applied for a study permit at the same time, you are allowed to apply for it separately. If you have a study permit you can go to school while you are waiting for a decision on your refugee claim in Canada. It is worth mentioning, that you need to provide a letter of acceptance from the school to apply for a study permit, only minor children do not need it to go to a kindergarten, an elementary, or a secondary school in Canada.

Remember, you also have the right to keep working or studying in Canada while you wait for a decision on your extension (if you applied to extend it before it expired). Though, you must prove that you can still work or study and demonstrate your expired work or study permit and proof of your application for an extension. It is worth mentioning, that if you let your work or study permit expire before you apply to extend it, you have to submit a new application and stop working or studying while you wait for a decision in Canada.

 

Regards,

International Experience Club

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