Refugee Protection in Canada

Author: Khan & Dhillon Lawyers LLP |

Blog by Khan & Dhillon Lawyers LLP

Refugee Protection in Canada

Certain individuals in Canada who fear persecution or would be in danger if they had to leave are granted refugee protection by the country.

Some dangers they may face include

  • Torture
  • Risk To Their Life
  • Risk Of Cruel And Unusual Treatment Or Punishment

You might be entitled to apply for refugee status in Canada if you believe returning to your native country or the nation where you currently reside could expose you to one of these risks.

Who is Eligible to File for Refugee Status?

To file a refugee claim, you

  • Have to be in Canada
  • Can' t Be Subject To A Removal Order

If you don't reside in Canada, you may be eligible to

  • Resettle In Canada As a Refugee
  • Immigrate To Canada Through One Of Our Programs

Immigration and Refugee Board of Canada (IRB)

If you file a refugee claim, then immigration lawyers will determine whether the Immigration and Refugee Board of Canada (IRB) should be consulted. An impartial body that rules on immigration and refugee issues is called IRB.

You might not be able to have your refugee application submitted to the IRB if you:

  • Are Granted Receipt As Convention Refugees By Another Nation To Which You May Return
  • Were granted Canadian protected person status
  • Arrived Via The Canada–United States Border
  • Have filed a claim for refugee status in another nation, as verified by information sharing
  • Are prohibited from entering Canada due to security concerns, criminal activity, or violations of human rights
  • Filed a prior refugee claim but it was deemed ineligible
  • Made a prior refugee claim that the IRB rejected
  • Abandoned Or Withdrew A Previous Refugee Claim

The IRB decides who is a Convention refugee or a person in need of protection.

Convention Refugees

Refugees under the convention are those who are not in their country of origin or habitual residence. They are unable to return because of a legitimate fear of persecution stemming from

  • Race
  • Religion
  • Political Opinion
  • Nationality
  • Being Part Of A Social Group, Such As Women Or People Of A Particular Sexual Orientation

A Person in Need of Protection

A person in Canada who is unable to safely return to their native country is considered to need protection. When they return, they might have to deal with:

  • Danger Of Torture
  • Risk To Their Life
  • Nationality
  • Risk Of Cruel And Unusual Treatment Or Punishment

Conclusion

To be granted refugee status, you must demonstrate that you are unable to return to your home country or place of nationality due to fear of persecution for at least one of the reasons explained above. KD Lawyers, the best immigration lawyer Mississaugais here to help.





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