You’re a foreign national seeking asylum or claiming refugee protection in Canada, you can initiate the process at various points, such as a Port of Entry, a Canada Border Services Agency, or an Immigration, Refugee and Citizenship Canada Inland Office. Your eligibility will be determined by the Canada Border Services Agency or Immigration, Refugee and Citizenship Canada.
Eligibility Requirements:
- You may not be eligible if you already have Refugee or Protected person status in another country with a safe return option.
- Inadmissibility on security grounds, serious criminality, or human rights violations could disqualify you.
- Previous claims in Canada that were refused, abandoned, withdrawn, or found ineligible make you ineligible, unless you fall under Safe Third Country Agreement exceptions.
- The Safe Third Country Agreement applies at the Canada-U.S. border, with specific exceptions like family member exceptions, unaccompanied minors exception, document holder exceptions, and public interest exceptions.
The Process:
- You initiate the process by requesting protection, completing forms, and undergoing an interview.
- If found eligible, your case is referred to the Refugee Protection Division – Immigration Refugee Board.
- A hearing is scheduled to determine if you are a Convention refugee or a person in need of protection.
- A decision is then made based on the hearing outcome.
Convention Refugee:
- You are outside your home country due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a social group.
Person in Need of Protection:
- You are in Canada and cannot return safely due to a danger of torture, risk to life, or risk of cruel and unusual treatment or punishment.
Our legal team is committed to guiding you through the process. Reach out today to discover how our seasoned professionals can offer customized legal support suited to your individual circumstances, ensuring tailored resolution for your case.
