Refugee in-Canada

Refugee in-Canada Assessment

Got your refugee claim refused in CANADA 🇨🇦

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FAQ’s

Refugee in Canada
H & C Application
Appeal

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

You must demonstrate in your claim if you are a person in need of protection as described in the Immigration and Refugee Protection Act.

A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face

danger of torture
risk to their life
risk of cruel and unusual treatment or punishment

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,
being part of a social group, such as women or people of a particular sexual orientation

You must be in Canada to make your refugee claim. You can make your claim in different ways. You can easily Apply Now for Refugee in-Canada Assessment for Free.

Our consultants would be glad to help!

Humanitarian and Compassionate Applications also known as H&C are Canadian permanent residence applications that are filed within Canada. They are for people who do not have legal status in Canada, but who have still made Canada their home. If you are someone, or you know someone, who is living in Canada without the proper paperwork, there still are options! You may be able to qualify for an H & C and obtain Canadian permanent residence status.

The completion of application forms, and supporting documentation are necessary for a good H & C application. Once the application package is complete and the government processing fee is collected, the application can be submitted. The application package should have a very detailed submission letter outlining all the H & C factors of the applicant and should explain why the immigration officer assessing the case should approve the application. Note that H & C cases are discretionary, that is, the immigration officer assessing the case can refuse or approve the case based on their own assessment. Therefore, it is extremely important to prepare a very strong submission letter and collect persuasive supporting documentation in support of the Humanitarian and Compassionate Application.

Applicants can use the H&C application to receive Canadian PR on humanitarian and compassionate grounds if you:

are a foreign national currently living in Canada
need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for Canadian PR
believe humanitarian and compassionate considerations justify granting the exemption(s) you need
are not eligible to apply for permanent residence from within Canada in any of these classes:
- Spouse or Common-Law Partner
- Live-in Caregiver
- Caregivers: caring for children or people with high medical needs
- Protected Person and Convention Refugees
- Temporary Resident Permit Holder

Yes! You can renew your Canada PR card through H&C Grounds. Learn more about how to renew a Canadian Permanent Resident Card on Humanitarian and Compassionate Grounds.

You must be in Canada to make your refugee claim. You can make an H&C application. Furthermore, you can easily Apply Now for H&C in-Canada Assessment for Free.

Our consultants would be glad to help!

An appeal is a request to make a new decision on a case. At the IRB, the Refugee Appeal Division (RAD) exists to hear appeals of RPD cases. In your appeal, you must show that the RPD made mistakes in its decision. These mistakes can be about the law, the facts, or both. The RAD will decide whether to confirm or change the RPD’s decision. It may also decide to send the case back to the RPD to be heard again, giving the directions to the RPD that it considers appropriate.

An appeal to the RAD typically doesn’t involve an actual hearing. Most RAD appeals are paper-based. The RAD member makes a decision on the basis of the RPD record (file), and the evidence provided by the parties (you and the Minister, if the Minister intervenes).

In certain circumstances, the RAD may allow you to present new evidence that the RPD did not have when it made its decision. If the RAD accepts your new evidence, it will consider the evidence in its review of your appeal. It may also order an oral hearing to consider this new evidence.

RPD decisions that allow or reject refugee protection can be appealed to the RAD.

The following persons can appeal an RPD decision:

You (with certain exceptions – see next question)
The Minister of Immigration, Refugees and Citizenship Canada

If you appeal to the RAD, you are the appellant. If the Minister decides to participate in your appeal, the Minister is the intervenor. If the Minister appeals, then the Minister is the appellant, and you are the respondent.

The following time limits apply to appeals:

You must file your notice of appeal no more than 15 days after the day you received the written reasons for the RPD’s decision.
You must file your appellant’s record no more than 30 days after the day you received the written reasons for the RPD’s decision.
The Minister may decide to intervene and submit evidence before the RAD makes a final decision on the appeal.
If the Minister decides to intervene, the RAD will wait 15 days for your reply to the Minister and to the RAD.

The RAD member will make one of the following decisions:

confirm (agree with) the RPD’s determination;
set aside (disagree with) the RPD’s determination and replace it with a different determination; or
refer (send) the case back to the RPD and order a new hearing, giving the RPD the directions that it considers appropriate.

You must be in Canada. Applying for an appeal might be a hustle. For example:

You must prepare and provide three copies (or one copy if submitted electronically) of your notice of appeal to the RAD Registry in the regional office that sent you your RPD decision.
You need to make sure that you deliver it, to the right mail, to the IRB regional office that sent the original refugee decision.

Don’t worry, we’ve got you back! You can easily Apply Now for Appeal in-Canada Assessment for Free.

Our consultants would be glad to help!

Find out if you are eligible to get in Canada →

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How do I get counsel? Why seek Professional Immigration Help?

Our Immigration Consultants have been handling Humanitarian and Compassionate, Appeals, and Refugee applications for over 8 years. We take a very aggressive approach to these cases, making sure your application stands out! Let our experienced immigration consultants handle your H & C case, so you do not have to dive into the fear any longer.

You can have someone represent you at your hearing, they must be either:

– a member in good standing of a provincial law society (lawyer or paralegal, in a province that permits paralegals to be members of the law society)

– a member in good standing of the Chambre des notaires du Québec; or

– an immigration consultant who is a member in good standing of the College of Immigration and Citizenship Consultants .

Being approved for an Appeal, H&C, or refugee is not that easy. Immigration officers do not readily approve them unless the applicant shows a proven hardship in their home country and that they have established themselves in Canada. Making a strong and compelling case is essential for a successful outcome.

Our Immigration Consultants have been handling Humanitarian and Compassionate, Appeals, and Refugee applications for over +8 years. We take a very aggressive approach to these cases, making sure your application stands out! We’ve got your back

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