Refugee Application Canada

Refugee Application in Canada is dedicated to people, who left their country because of well-founded fear of permanent persecution. These people are in hard life situation and can not come to their native country or country of their regular stay. They have risk for their physical life, safe stay, torture, be imprisonment, unfair, violent and not equal attitude to them in regular daily life. The difference between regular immigrants to Canada, that immigrants decide to live in another country in comparison with refugees, who do not have other options as to leave their country immediately for safety reason. Canadian refugee System has 2 main sections: Refugee and Humanitarian Resettlement Program for people, who need protection outside of Canada and In- Canada Asylum program, for people, who are doing application within Canada.

1)Refugee and Humanitarian Resettlement Program. The main purpose of this program is to protect refugees and people in close life situation for the next goals: to relate to humanitarian needs, to meet international responsibilities, to respond to international crisis. Resettlement is considered when the person does not have any durable solution for his life situation. It should be mentioned that potential applicant must have referral from recognized organization like UNHCR . Moreover, Canada Immigration manages this program and refugee application and International Organization of Migration assists refugees with transportation and medical examination in Canada. In order to be eligible for that program and raise chances to get permanent residency in Canada, you must meet basic requirements:

• Be Outside of Canada and submit application for permanent residency in Canada
• Seeking to establish permanent residency in Canada
• Be in need of durable solution and fall under the one out of 2 classes of refugee (see explanation below)
• Have Eligible private sponsor, government sponsored or be self-supporting (see explanation below)
• Demonstrate the ability to become successful and established in Canada and not be inadmissible

Speaking about the 2 classes for refugee, we have mention next classification:

a)Convention Refugee Abroad. The applicant must apply for resettlement outside of Canada and resettlement  must be only one durable solution.

b)Humanitarian Protected Person Abroad.  This type is also country of asylum subclass. It includes individuals in refugee like situation, who must be outside of their citizenship country or habitual residency. These people must be seriously and personally affected by civil war, armed conflict or violation of human rights. Also, resettlement  must be only one durable solution. Applicants must have a private sponsor or be self-supporting.

There are also some people with special needs cases for that program, who may be members of either classes. Also, There are some programs, such as Urgent Protection Cases, Vulnerable Persons Cases, Women at Risk Program. Speaking about application requirements for Refugee Resettlement Program, we have to remember:

• Submit Application for Permanent Residency to Canadian Embassy or Consulate
• Get Referral from UNHCR or private sponsor
• Not be inadmissible
• Pay fees for the right of permanent residency
• Demonstrate the ability to be self-sufficient in Canada during the 12 month
• Cover medical fees and travel costs to Canada

As soon as application will be submitted, immigration officer initiates an admissibility interview with the candidate to establish the person's identity, settlement plans, ability to be self-supporting with 12 month in Canada. Potential refugee must meet the requirement one out of 2 classes of refugee. Also, there is no point system and immigration officer takes into account the refugee's education, work experience, language proficiency and network support. As for the admissibility, refugee should pass medical exams and be able to pass background criminal check. As soon as decision will be made by the Immigration officer, there are next further scenarios:

Refugee Application Refused by Canada Immigration: The letter will be sent with details and reasons of Refugee Application Canada Refusal. Also, there is no direct appeal option under the IRPA  and applicant may only seek leave for Judicial Review to the Federal Court of Canada.

Refugee Application Accepted by Canada Immigration: Applicant will be granted permanent residency in Canada and may apply for Canadian Citizenship in near future.

As was mentioned above, you must Have Eligible private sponsor, government sponsored or be self-supporting for Refugee Application in Canada under Resettlement Program. There are next types of financial and resettlement support in Canada:

a) Government Assisted Refugee Program & Resettlement Assistance Program. It provides financial and settlement assistance and available for refugees, who are able to become self-supporting within 12 month of arrival.

b) Join Assistance Sponsorship Program. This program is available for people, who can not become self-supporting within 12 month. It consists of hybrid assistance from Government and Private Sponsorship Programs ( Group of Five, Community sponsors, Sponsorship Holder Agreements and their constituents). Responsibilities for sponsorship are shared between government (CIC) and private sponsors. Private sponsors provide personal support and guidance in Canada, while Government assists with financial support. Also, sponsors should have settlement plan, sign undertaking for refugee's income and medical cost during the 1st year after arrival, help to adjust to local community and find accommodation, local school ,banking , etc.

2) In- Canada Asylum program. This program was created for people, who would like and eligible for refugee application in Canada. Potential candidate for this type of application, should have well-founded fear of persecution or are at risk of torture or cruel punishment in their home country. There are 2 types of classification of the refugee under this program: Convention Refugee and Person in Need of Protection.

Convention refugees are people, who can prove that they need protection and would like to apply for Refugee Application inside Canada:

• by reason of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion and membership in particular social group.
• are outside of each of their countries of nationality and unable to get protection from those countries
• not having a country of nationality and unable to get protection from their habitual residency country

Protection of Convention refugee are based on next core principles: Non-Discrimination, Non-refoulement, Non-Penalization of illegal stay and entry to Canada, acquisition of rights over time. Also, Refugee Sur Place should be take into account, when the person becomes a refugee, because of some changes in the applicant's country during his absence and being out of the country.

Person in Need of Protection Refugee Application to Canada. This type of refugee are for people, who have personal risk to their life, danger of torture, risk of cruel and unusual treatment in case of removal them from Canada to their home country or habitual residence country.

 

If you think that you and/or your family members need help in protection and might be eligible for refugee status , please contact us for the assistance in refugee application to Canada.