Canada is a multicultural and diverse country. It upholds its Charter of Rights and Freedoms which affords its citizens and permanent residents the freedom from discrimination of any kind.
Unfortunately, few countries do not grant the same fundamental rights and freedom to its citizens and residents. Canada welcomes refugees to come and live in Canada provided they qualify as per its legal rules and regulations.
A claimant for refugee status can apply, irrespective of the fact whether they are residing in Canada or abroad. The refugee claim application has a specific laid down process including a basis of the claim form and a refugee hearing.
Who is considered a Refugee?
A person is considered a refugee under the Convention if they have a fear of persecution upon return to their country of citizenship or permanent residence. They need to expressly demonstrate that their home country is unable to provide them with sufficient official protection to keep them safe. The forms of fear of persecution recognized internationally include:
- Race
- Religion
- Membership of a specific social group (sexual orientation/gender, etc.)
- Political opinion
- Nationality
The process of Application as a Refugee Claimant
The process of application under the Refugee Protection Claim Program includes:
- Refugee claim can be made inside Canada due to a well-founded fear of any harm, punishment or torture (they may be unwilling to return there due to a well-founded fear of any harm, punishment or torture)
- The refugee claim can be made at any entry port of Canada or any of the inland offices during the admissibility or administrative hearing process until a removal order is passed
- Any refugee claim can be made outside Canada at a Canadian High Commission or Embassy, under the Convention refugee or Humanitarian protected person class
- Judicial review is carried out after the application is submitted by panel or immigration officers; refusal of an application is advised in writing to the claimant
- An application for leave and judicial review can be filed within a period of fifteen days from the date of the refusal from the Immigration and Refugee Board (IRB), Refugee Protection Division (RPD) or within sixty days of receiving the refusal letter from any Canadian visa office abroad.
We can Help
The well-informed immigration lawyers and consultants at Nanda & Associate Lawyers will assist you in preparing a detailed refugee claim application. We will impart sound legal advice to help you on the path to a better and safer future for you and your family.
