Refugee Claims

Canadian Immigration

Indian Immigration Services

Who is Considered a Refugee?

Refugees are individuals who have fled war, violence, conflict, or persecution and crossed an international border into another country to seek safety. The IRB grants people refugee status if they cannot return to their home country or continue to reside in Canada due to persecution or a violation of their human rights. You can apply by submitting a solid refugee claim to the Canadian government through the Immigration and Refugee Board of Canada (IRB). The IRB is an administrative tribunal that makes legal decisions on immigration and refugee matters.

What is a refugee claim?

A refugee claim is a request to seek protection from the Canadian government based on persecution (race, religion, nationality, political opinion, membership or affinity to a social group) and human right violation, whether as a Canadian citizen or as an immigrant. Before an individual is granted refugee protection by the Immigration and Refugee Board of Canada, they must provide evidence in an admissibility hearing that proves they are eligible.

The IRB grants refugee protection to individuals who fall under the following categories:

Convention Refugee

A convention refugee is a person with solid claims and evidence of being persecuted by government authorities or others. The claims concern race, religion, nationality, social membership and political opinions. A convention refugee must prove that their government is incapable of protecting them from persecution.

A person in need of protection

A person who requires protection, according to the Immigration and Refugee Protection Act, is someone in Canada who would face torture, a risk to their life, or cruel and unusual treatment or punishment if they returned to their home country.

Alongside your claim as a Convention refugee or a person who requires protection, you must provide the following proof:

That there is no form of protection from the government.
That there is no safe habitation in their country where they will be free from persecution or discrimination.
The risk is not a general situation in your country but a personal risk.
The risk is not the result of breaking laws and infringement of human rights, except they do not meet international standards.

If your refugee claim is eligible, it will be referred to the Refugee Protection Division (RPD) to determine whether you qualify. If the refugee claim is successful, you are granted “protected person” status by the IRCC, allowing you to apply for permanent residence.

Who can apply for refugee claims in Canada?

Before applying for refugee claims in Canada:

You must be within the borders of Canada.
You must not be subject to a removal order from IRCC or the Canada Border Services Agency (CBSA).

If a person is outside Canada:

The person can seek refugee protection if referred by The United Nations Refugee Agency (UNHCR), an approved referral organization, or a private sponsorship group. The IRCC does not consider direct refugee applications.
The person can seek refugee protection through one of the immigration programs designed by the Canadian government.

How RCIC registered immigration consultants can help with Refugee claims?

A Regulated Canadian Immigration Consultant (RCIC) is an authorized immigration and citizenship representative under the Immigration Consultants of Canada Regulatory Council (ICCRC). RCIC can help with refugee claims by explaining immigration options available to you, representing you in an immigration hearing and communicating with the Government of Canada on your behalf.

The process of appealing a refugee claim in Canada is a complex one, and can vary depending on the specific circumstances of each case. Here is a general overview of the process:

Initial claim: A refugee claimant makes a claim for protection at a Canadian port of entry or at a Immigration, Refugees and Citizenship Canada (IRCC) office.
Hearing: The claimant will have a hearing before the Immigration and Refugee Board of Canada (IRB), where they will present evidence and testimony to support their claim.
Decision: After the hearing, the IRB will make a decision on the claim. If the claim is accepted, the claimant will be granted refugee status in Canada. If the claim is rejected, the claimant will become subject to removal from Canada.
Appeal: If the claimant’s claim is rejected, they may have the option to appeal the decision to the Refugee Appeal Division (RAD) of the IRB. The RAD process allows the claimant to present new evidence and make further submissions in support of their claim.
Final decision: The RAD will make a final decision on the appeal, which can either uphold the original decision, grant refugee status, or refer the case back to the IRB for a new hearing.

It’s important to note that the appeal process can be lengthy and may take several months or even years to complete. It is recommended that refugee claimants seek the assistance of a lawyer or authorized representative to guide them through the process. Contact Indicate Immigration consultancy today.

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Who can make a refugee claim in Canada?

Any person who fears persecution or is at risk of torture, death or cruel and unusual treatment or punishment in their home country can make a refugee claim in Canada.

How do I make a refugee claim in Canada?

Refugee claims can be made at a Canadian port of entry or at an Immigration, Refugees and Citizenship Canada (IRCC) office. The claimant must complete a Basis of Claim form and provide evidence to support their claim.

How long does the process take?

The length of the process can vary depending on a number of factors, such as the claimant’s individual circumstances, the number of claims being processed, and the availability of resources. On average, the process can take several months to a year or more.

What happens after I make my claim?

After making a claim, the claimant will have a hearing before the Immigration and Refugee Board of Canada (IRB), where they will present evidence and testimony to support their claim. The IRB will then make a decision on the claim.