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 person applying for refugee status needs to demonstrate that their country is unable or unwilling to provide them with adequate state protection. The refugee or protected person applicant needs to prove that the reasons for persecution are personalized and arise from the return to his/her home country or country of legal residence. They are at risk of unusual punishment, torture or death.
What Are the Key Features Of The Balanced Refugee Reform Act Which Have A Bearing On Your Application For Refugee Status?
The Refugee Asylum system aims to improve the delivery of decisions, enable smooth adaptation of refugees to Canada and exiting failed refugee claimants from Canada faster. Certain changes were made to this system such as:
- Setting up a list of Designated Countries of Origin (DCO) with faster processing times for refugee applicants from these countries as they typically do not produce refugees and offer state protection and respect human rights when pressured from the international community
- Creation of Refugee Appeal Division (RAD) within the Immigration and Refugee Board (IRB); which enables a refugee applicant to file a Notice of Appeal after receiving the decision from the Refugee Protection Division
- Appointing public servant decision makers to conduct hearings instead of appointed members
- Faster appeal decisions within a period of 90 days where failed claimants are exited from the country within 12 months
- Barring access for one year of pre-removal risk assessments and humanitarian and compassionate (H&C) applications post a negative IRB decision
- The basis of Claim Form (BOC) replaced the Personal Information Form (PIF)
What is the process to apply for Refugee Status?
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 all matters regarding Protected Person Inadmissible status. If you are facing inadmissibility charges, you can connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.
Our Mississauga Immigration Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
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