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Refugee Claim

Protection from Inside Canada:

Foreigners who live in Canada have an option to claim protection and become a permanent citizen of Canada if they fear for their life, or punishment, cruel treatment, and torture returning home.

Applicants will have to follow specific rules. Once your Canada Refugee application is submitted, the designated residence officers will review your application to decide to refer your refugee application to the Immigration and Refugee Board of Canada (IRB).

The IRB is an independent board with the responsibility of handling all refugee-related issues. The board also helps people who are considered Conventional Refugee or People in Need of Protection.

You can claim refugee protection if:

  • You meet the definition of Convention Refugee or Person in Need of Protection.
  • You did not step into Canada through the Canada-United States border in light of the Safe Third Country Agreement.
  • No criminal record.
  • No previous refugee claim was found ineligible and rejected by the IRB.
  • There is no removal order for you.
  • You are not able to get protection from your government.
  • The risk affects you personally. It is not a general risk faced by others in the country. For example, the risk is not the result of famine or civil war.
  • The risk is not caused by a lack of medical care in their country unless they cannot get care because of persecution or discrimination.
  • The risk is not the result of laws, such as punishment for committing a crime, unless these laws violate international standards.

The claimant needs to show that there is no place in their country that they could get to safely. This is called the ‘internal flight alternative’.

Convention Refugee:

Convention refugees are those who live outside their country and cannot return to their country because of possible persecution or oppression based on race, nationality, politics, religion, and membership of a specific social group.

People Who Need Protection:

A person in need of protection is someone who would likely face at least one of these things if they are forced to return to their home country:

  • torture
  • a risk to life
  • a risk of cruel and unusual treatment
  • a risk of cruel and unusual punishment.

Claiming asylum or refuge from outside Canada:

Settling refugees from outside Canada is commonly known as resettlement. You’re not authorized to apply directly if you want to reside in Canada as a refugee. To get Canadian refugee protection, you should have a reference from the United Nations Refugee Agency (UNHCR), a private sponsorship group, or a designated referral organization.