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A refugee claim is a legal process where an individual seeks protection in Canada, claiming they cannot return to their home country due to a well-founded fear of persecution. This persecution may be based on factors such as race, religion, political opinion, nationality, or membership in a particular social group (e.g., LGBTQ+ individuals). Refugee claimants seek asylum in Canada, aiming to receive refugee status, which can eventually lead to permanent residency.
Canada has a strong international reputation for welcoming refugees and providing them with a safe haven. The country adheres to international agreements, such as the 1951 Refugee Convention, and offers a fair and thorough process for determining whether someone qualifies for protection.
Not everyone is eligible to make a refugee claim in Canada. You can make a claim if:
There are several conditions under which you may not be eligible to make a refugee claim, such as:
You can make a refugee claim either at a port of entry (e.g., airport, border crossing) or within Canada at a local Immigration, Refugees, and Citizenship Canada (IRCC) office.
If you claim asylum at a port of entry, a border officer will ask you questions to determine your eligibility for refugee protection. You will need to provide identification documents and any evidence supporting your claim.
If you are already inside Canada, you can make a refugee claim at an IRCC office. Here, you will submit the required forms and provide supporting evidence, after which the IRCC will decide whether you are eligible for a hearing at the Immigration and Refugee Board (IRB).
Once your claim is accepted, you will be given a hearing date with the Refugee Protection Division (RPD) of the IRB. The hearing is where you will present your case in detail. You will need to prepare by gathering all relevant documents that support your claim, including:
It’s highly recommended to seek the help of a lawyer or immigration consultant to ensure your case is well-prepared and presented.
At your refugee hearing, you will present your case before an IRB officer, who will determine whether you qualify for refugee protection. The hearing is your opportunity to explain why you cannot return to your home country and present any supporting documents or witnesses. The officer will ask questions about your story, your experiences, and your fear of returning home.
After the hearing, the IRB will decide if you are eligible for refugee protection. If your claim is accepted, you will become a protected person and may apply for permanent residency. If your claim is denied, you may be subject to removal from Canada. In some cases, you can appeal the decision or apply for a judicial review at the Federal Court.
If your refugee claim is successful, you will be granted refugee status, which provides you with the following:
Once you become a permanent resident, you can eventually apply for Canadian citizenship if you meet the requirements.
One of the most significant challenges refugee claimants face is obtaining sufficient evidence to support their claim. It’s crucial to present documentation that verifies the risk of persecution or danger in your home country.
Many claimants do not have access to legal representation, which can complicate the refugee claim process. While not mandatory, having a lawyer or licensed immigration consultant can greatly improve the chances of success by ensuring your case is well-structured and professionally presented.
The refugee claim process can be lengthy, with long wait times for hearings or decisions. It is important to stay informed about your case’s progress and maintain contact with the IRB.
At [Parto Hojjati], we specialize in refugee claims, helping you navigate the complexities of the process from start to finish. Our experienced team offers:
The processing time for a refugee claim can vary depending on factors such as the backlog at the IRB and the complexity of your case. Generally, it can take anywhere from a few months to over a year. While waiting, claimants may receive temporary permits to work and access healthcare.
Yes, you can include your spouse and dependent children in your refugee claim, provided they are also in Canada. If your family is still abroad, they will need to apply for refugee status separately, or you can sponsor them after receiving protection.
If your claim is denied, you have several options. You may be able to appeal the decision through the Refugee Appeal Division (RAD) or apply for a judicial review at the Federal Court. Additionally, you may consider a Humanitarian & Compassionate (H&C) application if your circumstances warrant it.
Yes, refugee claimants can apply for a work permit while their claim is being processed. Once you receive your work permit, you can legally work in Canada until a decision is made on your case.
Refugee claims are often denied if the IRB finds that the claimant does not face genuine persecution, cannot provide sufficient evidence, or has alternative means of protection in another country. Ineligibility, misrepresentation, or a lack of credibility in your story can also lead to a denial.
