Refugee

Immigration & Refugee

Am I eligible to make a claim?​
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Seeking Asylum in Canada:
How to Apply and Secure Refugee Status

If you are fleeing persecution and need protection, you can apply for asylum in Canada. Successfully applying for asylum grants you refugee status and the legal right to stay in Canada. To be eligible, you must be physically present in Canada or at a Canadian port of entry when you apply for asylum.

Learn more about the asylum process in Canada and how to protect your rights.

Refugee Immigration Services

Refugee Claims and related processes could be so complicated. We provide personalized service and professional representation in refugee claims and protections.

We provide legal advice on aspects of the claim, including eligibility assessment, filing documents, interviews with officials, and appeals processes. Our knowledge and experience have a thorough understanding of regulations related to refugee claims. 

If you are interested in applying for refugee status, contact RioLaw.ca today. 

Are you seeking asylum in Canada and need expert legal support? Our dedicated refugee claim lawyers and legal reprehensive in Toronto specializes in helping individuals navigate the complex asylum process. With extensive experience and a deep understanding of Canadian immigration law, we offer personalized guidance to ensure your refugee claim is presented effectively. Secure the protection you need with confidence—contact us today for a consultation and let us advocate for your rights and future

Who is considered a refugee in Canada?

According to the Canadian Refugee Protection Program, a person who is forced to flee his or her home country and cannot return because of a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group is considered a refugee. Canada’s Refugee Protection Division determines whether an individual meets the definition of a refugee.

Convention Refugees

A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they have a well-founded fear of persecution based on:

Person in need of Protection

Someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include risk that is a product of the country’s inability to provide adequate health or medical care.

Am I eligible to make a claim?

You cannot make a claim
Have had a prior claim that was determined to be ineligible, withdrawn or abandoned

A credit check, while important, is not always a definitive picture as to a tenant’s finances. Some may have a large balance on their cards that they are working to bring down, or a similar situation that impacts their score. My tenants have a terrible score but have never missed a payment. Some people just need help, don’t forget to be human. That’s the part too many of the slumlords in this group forget.

Have committed crimes

crimes including, but not limited to, war crimes, crime against humanity, serious crimes outside the country of refuge or other acts that are contrary to the principles of the United Nations

The Safe Third Country Agreement (STCA)

The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule.

The first is if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, holds a work or study permit or is over the age of 18 and has an active Refugee matter before the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.

ATTENTION

ATTENTION

Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.

Overview of Refugee Claims before the Refugee Protection Division

Refugee Protection Division

Overview of Refugee Claims before the Refugee Protection Division​

The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board (IRB). The Refugee Protection Division hears matters from individuals claiming protected person status. Claims can be made at an IRCC or CBSA office in Canada or a Port of Entry, such as an airport or border. You may also make a claim from outside of Canada, but such claims are not processed by the Refugee Protection Division, they are processed by IRCC. Claims for refugee status are made under two categories: a convention refugee or a person in need of protection.

Refugee Claim Process: Ensuring Admissibility and Safety

The first step in your refugee claim is an intake assessment by a CBSA officer to determine your eligibility and ensure you are not inadmissible. You will need to complete a Basis of Claim (BOC) form, which carries the same weight as a statement made under oath. While you can make changes later, significant changes might raise concerns. You’ll also need to provide documents to verify your identity and support your claim. If you can’t provide this information, you’ll need to explain why and what efforts you made to obtain it.

Submitting Your Refugee Claim in Canada: Key Steps and Eligibility

If you make a refugee claim at a port of entry, you must submit the original Basis of Claim (BOC) form to the Refugee Protection Division within 15 days. For in-land claims, the BOC form must be given to the officer handling your claim. The officer has 3 days to decide if your claim is eligible for referral to the Refugee Protection Division. If no decision is made within 3 days, your claim is automatically considered eligible.

The CBSA officer may suspend the assessment if a report is made alleging inadmissibility concerns on grounds of security, violating human or international rights, serious criminality, organized criminality or the officer is waiting for the Court to make a decision on an offence the claimant has been charged with that carries a maximum sentence of 10 years or more. If the claim is found eligible, the claimant will be allowed to remain in Canada for the duration of the processing of the refugee claim.

Haring before the Refugee Protection Division

Upon claiming protected person status, the claimant must appear for a hearing and has the burden to establish that the claimant is a convention refugee or a person in need of protection (although it is possible that the Minister grants refugee status without a hearing before the Refugee Protection Division).

What happens after the Refugee Protection Division hears my claim?

After the hearing at the Refugee Protection Division, a claimant will be granted status as a protected person if the panel has found that the claimant is a convention refugee or a person in need of protection or be refused and then the conditional removal order will become effective within a designated time period unless an appeal is made to the Refugee Appeal Division and/or other steps under the law. If you are granted status as a protected person, you may apply for permanent residency. If your claim has been refused, you may appeal to the Refugee Appeal Division. It is important to note that if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision.

If you have been granted permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation matters, we encourage you to contact a legal professional.

In all, the steps for a refugee claim are as follows

OR

It is important to note that if you are not eligible to file an appeal to the Refugee Appeal Division, you may file an Application for Leave and Judicial Review to the Federal Court.

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