Canada offers protection to individuals fleeing their home countries in the bases of either:
- Having a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, or
- If sent back to their country of persecution would be at risk of torture, risk to their life, or a risk of cruel and unusual treatment or punishment.
Those seeking Canada’s protection can make a Refugee Claim if they are in Canada.
A claim for refugee protection will be determined following a formal, quasi-judicial proceeding at which all of the evidence that you have to support the reasons why you can’t go back to your home country will be considered. You’ll have the right to be represented by counsel as well as the right to call witnesses to testify on your behalf.
At the conclusion of your refugee hearing, if it is satisfied that you have a well-founded fear of persecution in your country of nationality or former habitual residence on the basis of your race, religion, membership in a particular social group or your political opinion, you will be granted this protected status in Canada. This means that you may not be asked to leave Canada and return to the country in which you fear persecution, except in vary limited circumstances. This protection from return of “refoulment” is an invaluable, as it will grant you the legal right to apply for permanent residence status from within Canada and eventually become a Canadian Citizen.
In all, the steps for a refugee claim are as follows
- File a Refugee claim in Canada
- An officer determines if you are eligible to make a claim and a BOC form is filled out.
- Your claim is referred to the Refugee Protection Division and a hearing is scheduled if you are found to be eligible.
- the reasons for the removal order
- the possibility that you will repeat the behavior that caused the order to be issued
- An appearance is made before the Refugee Protection Division. A decision is made or held in reserve
- Protected person status is granted
OR
- Refugee claim is refused and a removal order is issued.
- Claimant leaves country or files an appeal to the Refugee Appeal Division and or other steps under the law, if eligible.
In the event that your refugee claim is denied, you may have a right to appeal that refusal to the Refugee Appeal Division or to seek leave for judicial review against that refusal in the Federal Court of Canada.
Refugee Claims / Refugee Appeals
Canada offers protection to individuals fleeing their home countries in the bases of either:
- Having a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, or
- If sent back to their country of persecution would be at risk of torture, risk to their life, or a risk of cruel and unusual treatment or punishment.
Those seeking Canada’s protection can make a Refugee Claim if they are in Canada.
A claim for refugee protection will be determined following a formal, quasi-judicial proceeding at which all of the evidence that you have to support the reasons why you can’t go back to your home country will be considered. You’ll have the right to be represented by counsel as well as the right to call witnesses to testify on your behalf.
At the conclusion of your refugee hearing, if it is satisfied that you have a well-founded fear of persecution in your country of nationality or former habitual residence on the basis of your race, religion, membership in a particular social group or your political opinion, you will be granted this protected status in Canada. This means that you may not be asked to leave Canada and return to the country in which you fear persecution, except in vary limited circumstances. This protection from return of “refoulment” is an invaluable, as it will grant you the legal right to apply for permanent residence status from within Canada and eventually become a Canadian Citizen.
In all, the steps for a refugee claim are as follows
- File a Refugee claim in Canada
- An officer determines if you are eligible to make a claim and a BOC form is filled out.
- Your claim is referred to the Refugee Protection Division and a hearing is scheduled if you are found to be eligible.
- the reasons for the removal order
- the possibility that you will repeat the behavior that caused the order to be issued
- An appearance is made before the Refugee Protection Division. A decision is made or held in reserve
- Protected person status is granted
OR
- Refugee claim is refused and a removal order is issued.
- Claimant leaves country or files an appeal to the Refugee Appeal Division and or other steps under the law, if eligible.
In the event that your refugee claim is denied, you may have a right to appeal that refusal to the Refugee Appeal Division or to seek leave for judicial review against that refusal in the Federal Court of Canada.