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Immigration & Refugees
Refugee Status in Canada
Why Canada?
Canada has a strong tradition of welcoming refugees and has welcomed 1088015 refugess from 1980 to 2022. Although refugees have to face many challenges in Canada, they do not simply benefit from the safety but they embrace the opportunity that Canada provides to build a better life and become important contributors to the country’s economy and cultural diversity
Canada is a signatory State to the following international legal instruments:
1951 convention Relating to the Status of Refugees/1967 Protocol Relating to Status of Refugees
1984 Convention Against torture and other Cruel, inhuman or degrading treatment or punishment
1966 International covenant on civil and political rights
Canada binds itself to implement the provisions of the international instruments to which it is a signatory state by passing or amending its laws and regulations.
Immigration and Refugee Protection Act has passed by the Parliament of Canada to create a high-level framework detailing the goals and guidelines the Canadian government has set with regard to immigration to Canada by foreign residents.
Part 2 of the Act deals with issues relating to Refugees.
Definition of Refugee and different types of Refugees
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- Convention Refugees
- Persons in need of protection
Convention Refugee
Section 96 of Immigration Refugee Protection Act specifically defines a convention refugee as:
“A person who by reason of a well-founded fear of persecution for reasons of
- race
- religion
- nationality
- membership in a particular social group or
- political opinion,
- is outside each of their countries of nationality and is unable or, by reason of that fear, is unwilling to avail themselves of the protection of each of those countries, or
- not having a country of nationality, is outside their country of former habitual residence and is unable or, by reason of that fear, unwilling to return to that country”.
Convention Refugees
In order to claim refugee status, you should demonstrate that there is a possible fear of persecution due to one of the grounds indicated in the Convention which is called Nexus. The grounds include:
- Race,
- Religion,
- Nationality,
- Political Opinion, or
- Membership of a particular social group
There is no specific definition for Persecution neither in the Convention nor IRPA. However Canadian case law has not only labelled specific behaviours as instances of persecution, but also has gone some distance toward identifying general hallmarks that must be present, or criteria that must be met, in order for actions or omissions to constitute persecution. To view different types of persecution click here.
In order to prove well found fear of persecution claimant needs to prove that he/she has a subjective fear of persecution and the fear has an objective basis which means that the fear is both genuine and objectively justifiable.
Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees is one of the comprehensible sources members of Immigration and Refugee Board may use in order to determine if a claim for refugee is credible.
Person in need of protection
Section 97 describes persons in need of protection as:
“Persons in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
- To a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
- To a risk to their life or to a risk of cruel and unusual treatment or punishment if
· The person is unable or, because of that risk, unwilling to avail themselves of the protection of that country,
· The risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
· The risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
· The risk is not caused by the inability of that country to provide adequate health or medical care.”
Under a number of conventions, persons in need of protection are persons whose removal to their country of origin would subject them personally to:
- A danger of torture,
- A risk to their life, or
- A risk of cruel and unusual treatment or punishment
In order for a claimant seeking protection five conditions must be met
- No state protection
- There is No Internal Flight Alternative
- The risk is not faced GENERALLY
- The sanction is not lawful There is no ability to provide health or medical care
In order to document allegations of torture, international agencies invilved in the protection of human rights refer to a handbook. To download the handbook click here.
How can a claim of refugee status be made?
In order to claim refugee status in Canada, your claim should be referred to Immigration and refugee board of Canada which approves or denies your claim.
Claim of refugee status is made inside Canada in 2 ways
- Making a refugee claim at any port of entry
- Making a refugee claim with Immigration Refugee Citizenship of Canada
You can claim refugee protection at any port of entry when you arrive in Canada.
This means an airport, seaport or land border.
A border services officer will ask you to complete the required application forms when you arrive. Normally, you’ll complete the forms at the port of entry.
While at the port of entry, the officer will also:
- Ask you questions about your situation
- Collect your documentation and proof of identity
- Take your fingerprints and photo
If the officer decides your refugee claim is eligible The officer will give you:
- A Refugee Protection Claimant Document, which will help you get access to the Interim Federal Health Program and other services in Canada
- A confirmation of referral letter, which confirms your claim has been referred to the Immigration and Refugee Board of Canada (IRB)
- A Basis of Claim form:
The purpose of this form is to present your refugee protection claim to the Refugee Protection Division (RPD). In the BOC Form, you will give details about yourself (your identity, family, documents and travel history) and about why you are claiming refugee protection in Canada. - Instructions about completing your medical exam
You have 15 calendar days to complete the Basis of Claim form and submit it to the IRB’s Refugee Protection Division office shown on your confirmation of referral letter.
If the officer tells you to come back to the port of entry or an inland office for an interview
The officer will give you:
- An information pamphlet
- An acknowledgement of claim letter (which will help you get access to the Interim Federal Health Program and other services in Canada.
You make your claim inside by submitting it to Immigration and Refugee Citizenship Canada.
Benefits of claiming refugee status inside Canada
- Using legal services provided by professional legal counsels
To make a refugee claim.
Your application will help IRCC understand:
- Your background
- Your family
- Why you want to make a refugee claim by submitting Basis of Claim
The information you are providing must be consistent with information you have already provided in your Generic Application, Schedule A, before coming to Canada.
Moreover, you are expected to provide information in regards to your background, and additional information.
After submitting the claim, claimant or his/her counsel will receive letter of Acknowledgement and a letter to refer claimant to a doctor for medical examination.
Appointment with a doctor is necessary in order to use Interim Federal Health Program.
There will be two appointments that claimant needs to attend before his/her claim is referred to Immigration and Refugee Board of Canada for final decision.
At first interview claimant needs to hand over his/her passport. Claimant will be called for another interview which is called Eligibility Interview. Then the claim will be referred to IRB.
During waiting period claimant will be issued a work permit and a study permit at no cost.
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