Refugees
Refugees
While accessible economic immigration programs make Canada a lucrative destination for professionals and international students from all over the world, there is another key aspect to Canada’s immigration policies.
Canada also considers itself a humanitarian nation, and a part of this notion is offering refuge to individuals escaping persecution in their home countries, i.e. refugees.
There are many pathways that eligible individuals can use to become refugees in Canada.
The first step is to look at the “refugee” definition according to the Canadian immigration law. A refugee is someone who is fleeing persecution and cannot safely return to their home country. However, you may also encounter terms such as asylum seeker, convention refugee, protected person, and refugee claimant. All of these terms refer to refugees, but they carry distinctions pertaining to the person’s legal status, and where they are in regard to their claim being processed.
In order to make a refugee claim in Canada, an individual has to do so at a port of entry, e.g. airport, or inside the country, at an Immigration Refugees and Citizenship Canada (IRCC) office.
They will have to inform IRCC or CBSA of their situation, fill out certain documentation and gather supporting documents, and immigration will consider whether they qualify to be granted refugee status. In order to be granted refugee status in Canada, one has to prove that they cannot return to their country because of a well-founded fear of persecution based on one of the five grounds: race, religion, nationality, political option, or being a part of a particular social group. Alternatively, they can prove that they are personally facing danger of torture, cruel or unusual treatment or punishment, and their government cannot protect them from it.
Refugees
There are certain individuals that are not eligible to make a claim for protection, such as those who have been removed from Canada, already had their refugee claim rejected even if it happened because their claimed was withdrawn or abandoned. Some people are ineligible to claim asylum because they have other options, e.g. they are a convention refugee in another country and can return there, or if they filed a claim in Australia, New Zealand, UK or USA. Some people cannot become refugees because they pose a security threat to Canada, or they have history of being involved in organized or serious crime or human rights violations.
It is also important to note that in order for someone to have their claim approved, the individual’s situation cannot be resolved by simply moving to another part of the country. Moreover, if the danger they are facing applies to the whole population, and not to them personally, their claim may also be unsuccessful.
Another important thing to consider is that refugees crossing into Canada through the USA land border are likely to be sent back because of the Safe Third Country agreement. This is a rule that means that the USA is considered a safe country, and the individual has to make their claim for protection in the first safe country they visit. Of course, there are some exceptions that include, but are not limited to having family members in Canada or being an unaccompanied child. Therefore, many individuals cross the border irregularly and file their claim once they are in Canada to avoid being returned.
Once refugees are allowed in Canada and they submit their claim, they become refugee claimants, sometimes referred to as asylum seekers. The key difference between refugees and asylum seekers is that asylum seekers have a pending claim with IRB Canada (Immigration and Refugee Board). While their claim can be rejected, they get access to healthcare, social assistance, and can apply for work and study permits at no cost. This helps them start supporting themselves and integrate into the Canadian society. So, if you are in Canada and you are considering filing a claim for protection, contact our team of registered Canadian immigration consultants for an assessment of your case.
Regards,
International Experience Club
