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Refugee & Asylum

The refugee system in Canada is divided into two parts:

  • For people who need protection from outside Canada, the Refugee and Humanitarian Resettlement Program is available.
  • The In-Canada Asylum Program is for citizens who choose to apply for refugee protection from within Canada.

The asylum policy helps people in Canada who are seeking refugee status:

  • Having a legitimate fear of being persecuted or
  • Are in danger of being tortured or subjected to cruel and unusual punishment in their home countries

ELIGIBILITY

In Canada, certain citizens are not eligible for refugee status.

You cannot make a refugee claim if you are subject to a deportation order.

Your asylum claim will be reviewed by officers who will determine if it will be referred to the Immigration and Refugee Board of Canada (IRB). The Immigration and Refugee Board (IRB) is an independent body that makes decisions on immigration and refugee issues.

The IRB determines whether an individual is a Convention refugee or in need of protection.

 

Conventional refugees are those who have fled their home country or the country in which they usually reside. They are unable to return due to a well-founded fear of persecution based on the following factors:

  • Race
  • Religion
  • Political opinion
  • Nationality, or
  • Membership in a social group, such as women or people of a particular sexual orientation.

A individual in need of security is someone living in Canada who is unable to safely return to their home country. This is because if they return, they will face the following penalties:

  • Danger of torture
  • The risk to their life, or
  • Risk of cruel and unusual treatment or punishment.

Asylum is not available to all. In order to claim refugee status in Canada, you must follow a specific procedure with strict deadlines. If you are afraid of being prosecuted, tortured, or punished if you return to your home country. Please get in touch with us to see whether you qualify for a refugee or asylum class.