Refugee Assessment
Are you frightened to stay or to return to your home country?
Canadian laws give you the possibility to stay legally in Canada, and Canadian authorities give the right of asylum to those who suffer from political, religious, or racial persecution.
If you are already in Canada or the USA and can’t return to your country because of persecution of any kind, Canada is the ideal solution for you and your family.
Find out if you are eligible to get in Canada →
FAQ’s
Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include
- torture
- risk to their life
- risk of cruel and unusual treatment or punishment
If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.
A refugee is a person who has fled their own country because they are at risk of serious human rights violations and persecution there, are unable to return, and are in need of protection.
Canada has two refugee protection programs to help meet this need:
- In-Canada Asylum Program – for people making refugee protection claims from within Canada.
Those people can easily find out the options they possibly have by applying to our Refugee in-Canada Free Assessment - Refugee and Humanitarian Resettlement Program – for people who need protection from outside Canada
You must demonstrate in your claim either:
- that you meet the United Nations (UN) definition of a Convention refugee, or
- that you are a person in need of protection as described in the Immigration and Refugee Protection Act.
Convention refugees are people who have a well-founded fear of persecution in their country of nationality. A fear of persecution must be based on:
- race,
- religion,
- nationality,
- political opinion,
- Or membership in a particular social group.
Membership in a particular social group can include, but is not limited to, sexual orientation, gender identity, domestic violence, and HIV status. Persons in need of protection must show that if they return to their country that they will personally face danger. This danger could be torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.
You must give the RPD documents that support your refugee claim. You should begin gathering this supporting evidence as soon as possible.
You must show the RPD evidence of who you are. This means giving the RPD official documents with your name and date of birth on them (known as “identity documents”). For example, you can give the RPD a:
- passport,
- national identity card,
- birth certificate,
- school certificate,
- driver’s license,
- military document,
- professional or religious membership card.
Along with identity documents, you can submit other documents that you feel are relevant to your claim, including:
- proof of membership in political organizations,
- medical or psychological reports,
- police reports,
- business records,
- news clippings,
- visas,
- and travel documents (airplane, train, or bus tickets).
The Minister of Immigration, Refugees and Citizenship Canada (IRCC) has identified a list of designated countries of origin (DCO), which must follow different regulatory time limits for the hearing of their claims before the RPD. You can check the IRCC website for more details.
The decision-maker who hears your claim will normally provide a decision and reasons at the end of your hearing. If the decision-maker is not ready to deliver their decision, your decision will be provided by mail several weeks following the hearing. For this reason, please ensure that your contact information is current with the RPD at all times.
Everyone who makes a claim for refugee protection will get a fair hearing, in accordance with the law and the principles of natural justice and fairness. Changes were made to the Immigration and Refugee Protection Act on December 15, 2012, which means cases made before this date are treated differently than those made after. For example, the new regulations specify time limits for the first scheduled hearing depending on whether the claimant originates from a Designated Country of Origin and, if so, whether the claim was made at a port of entry or an inland office.
Based on the information provided by the IRB, Yes, the new regulations do allow for postponements and adjournments in those cases where natural justice and fairness require it. It is also possible to delay because of a pending Security Screening notification or due to operational limitations of the Refugee Protection Division.
To discover more about immigrating to Canada, please contact our firm today for your consultation.
