Refugee Protection Claims

Refugee Protection Claims

Are you having trouble with your refugee claim application? Or maybe you need help with the refugee appeals procedure. In either case, our skilled refugee claims lawyer can help. They can provide assistance throughout the whole procedure and help you navigate any hurdles that come in the way.

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 their citizens and residents. Canada welcomes refugees to come and live in Canada provided they qualify as per its legal rules and regulations.

An individual can proceed with a refugee claim, irrespective of the fact whether they are residing in Canada or abroad. Refugee claimshavespecificprocesses including a basis of the claim form and a refugee hearing.Get more information about Refugee claims today!

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. A refugee claim candidate needs 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 recognised internationally include:

  • Race
  • Religion
  • Membership of a specific social group (sexual orientation/gender, etc.)
  • Political opinion
  • Nationality

The person making a refugee claim also 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 personalised 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 existing failed refugee claimants from Canada faster. Certain changes were made to this system such

  • 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 AppealDivision (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 claims 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)
  • Refugee claims 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
  • Refugee claims 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.

Refugee Claims Lawyer -We can Help

The well-informed refugee claims lawyers at Nanda & Associate Lawyers will assist you in all matters regarding Protected Person Inadmissible status, Refugee Claims, and Refugee Appeals. If you are facing inadmissibility charges, you can connect with our refugee claims lawyer to discuss the options available to you for refugee claimsor refugee appeals. We will impart sound legal advice to help you on the path to a better and safer future for you.

Our Mississauga Refugee Claims Lawyers are available for a consultation. Come and experience our quality legal counsel and personalised care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.

Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.

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