Application Process from Canada

Application Process from Canada

If you are in Canada and fear prosecution for some reason or face the danger of having to leave the country, you can get protection from the Canadian government under the Refugee and Asylum program. Individuals living in Canada and facing a risk to their life or cruel treatment if they go back to their own country can seek protection in Canada under this program as a refugee.

Eligibility To Make A Refugee Claim

To claim protection as a refugee, you must be staying in Canada and must not be subject to a removal order. Your case may be referred to the Immigration and Refugee Board of Canada (IRB). It is a tribunal with independent powers to decide on matters related to refugees and immigration.

The Canadian government may not refer your case to the IRB under the following circumstances:

  • The country you can return to recognize you as a convention refugee
  • You already enjoy the status of a protected person in Canada
  • You arrived in the country through the border of Canada and the US
  • There is information available that you have made refugee claims in another country as well
  • You have a history of criminal activity or human rights violation
  • A past refugee claim was found to be ineligible or was rejected by the IRB
  • You had withdrawn or abandoned a previous refugee claim

Convention refugees are individuals living outside their home country. They cannot return because they face a real threat of prosecution because of many reasons such as:

  • Religion / Race
  • Political stand
  • Nationality
  • Sexual orientation

How To Make a Refugee Claim:

Submit the application, complete in all respects, from inside Canada. The authorities will understand your background, family status, and the reasons you want to make a refugee claim.

You can submit your claims online if you are already in Canada through the Canada Refugee Protection Portal. You must create an account for submitting the claims. You can also check the status of your claims here. If you have made a claim previously, there is no need to resubmit the claim online.

Work Permit

If you have submitted your refugee claim online, you can request a work permit along with the application. The same will be issued only if your claim is good enough to be referred to the IRB and completed your medical exam.

After Refugee Claim Submission from Canada

The authorities will check and make sure it’s complete. They will add the claim to their system and send out an acknowledgment with instructions for completing a medical exam. You will also receive a letter with details of the face-to-face appointment. All updated information is shared through email.

The Appointment

You must go to the appointment with your original passport or any other identification documents. The authorities will do the following:

  • Review the application
  • Collect biometrics
  • Do an eligibility interview
  • Provide documents for the next stages

 

If they don’t decide your claim during this appointment, they will fix an interview which is mandatory to attend.

The Interview

If your claim is seen as eligible during your interview, it will be referred to the IRB. You will be provided with a Refugee Protection Claimant Document and a letter confirming that they have sent your claim to the IRB. The next step is a hearing with the IRB.

The Hearing

The IRB will decide on approving or refusing your refugee claim during the hearing. If your claim is accepted, they will give you a ‘protected person status,’ allowing you to stay in Canada. You can apply for a permanent resident in Canada. On rejection of your claim, you will have to leave Canada within a stipulated period.

You can appeal against the IRB decision. You can also exercise a few other options.

Getting an application for refugee status approved is a long-drawn and complex process. As one of the leading professional immigration consultants in Canada, we can help you boost your chances of success. Contact Dev Immigration Services Inc to schedule a consultation.

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