Canadian Refugee Applications
Refugee class not only includes traditional refugees from war. Beauchemin Immigration prepares this article for a clear understanding of who can apply , who can’t apply for refugee protection, the process and steps for applying for refugee immigration, how to make refugee applications and some of our real hands-on experiences.
Table of Contents
1. Who can apply for refugee protection?
2. Who can’t apply for refugee protection?
3. Why can’t I apply for Canadian refugees when I arrive in Canada from the U.S. border?
4.Which department is responsible for Refugee applications ?
5. Canadian refugee immigration application process?
6. What if a Canadian refugee application is rejected?
7. Can I apply for refugee status from outside Canada?
8. How to prepare information on Canadian refugee applications: we share our valued experience
1. Who can apply for refugee protection?
According to Canada Immigration and Refugee Protection Act, there are two types of refugee claim applications that can be conferred status of immigrants in Canada. One is Convention Refugee, and the other is Person in Need of Protection.
What is a Convention Refugee? Who can apply for Convention refugees?
Convention refugees, if you cannot return to your country or place of residence because of fear of persecution, you can apply for Canadian refugee immigration. It is stipulated here that the reason you are afraid of being persecuted must be related to race, religious belief, political opinion, nationality, or membership of a specific social group (such as women, specific sexual orientation, etc.).
What is a Person in Need of Protection? Who can apply for a person in need of protection?
If you can prove that if you return to your country or the area where you live, you will face torture by the authorities, life threatening, or cruel and unusual treatment and punishment, you can also apply for refugee protection in Canada.
2. Who cannot apply for refugee protection?
Not everyone can apply for refugees. Canada Immigration and Refugee Protection Act stipulates that some people cannot apply for Canadian refugee immigration:
• You can return to another country, where you will be treated as a convention refugee.
• Has been granted protector status in Canada
• Arrive through the Canada-United States (US) border
• Unacceptable in Canada due to security reasons or due to criminal activities or human rights violations
• Previously filed asylum applications, but did not meet the requirements
• The previous refugee application was rejected by the IRB
• Abandon or withdraw previous refugee applications
3. Why can’t I apply for Canadian refugees when I reach Canada from the US border?
Because there is a third country agreement (Third Country Agreement) Canada and the United States have reached an agreement that stipulates that people who want to apply for refugee status must do so in the first safe country they arrive. This means that if you enter Canada through the land border from the United States, you cannot file a refugee claim in Canada.
In some cases, this rule does not apply (for example, if you have family members in Canada). The following are four exceptions that can be applied for:
• Exceptions for family members
• Unaccompanied minors
• Exception for document holders
• Public interest exception
If you have questions, please contact us.
4. Which department is responsible for refugee applications
The Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB-RPD)
● Review your Reasons for Refugee Application Form (BOC)
● Hold a hearing for refugee applications
● Determine whether your refugee application is accepted or rejected
Canadian Border Services Agency (CBSA)
● Make a decision on whether you are eligible to file a refugee application at the port of entry
● Implement security enforcement and security control on the Canadian border
● Arrangements to leave Canada for applicants whose refugee applications have received a negative ruling
● When your identity cannot be confirmed, you are considered to be a threat to Canadian society, or you are considered to be non-compliance with certain provisions of Canadian immigration laws, the Canadian Border Services Agency (CBSA) officials have the right to detain you
Immigration, Refugees and Citizenship of Canada (IRCC)
● Decide whether you are eligible to file a refugee claim in Canada
● Review work permits and Interim Federal Health Insurance (Interim Federal Health Insurance)
5. The application process of Canadian refugee immigration
During your application process, be sure to find an immigration consultant with RCIC qualifications to assist you on how to fill out the application form and answer your questions about the refugee application process. Canada has two time periods for processing refugee applications for asylum. Choose the time period that applies to you. We recommend that you contact us to consult your actual situation in detail. Beauchemin Immigration can represent your immigration application and attend hearings, appeals and other whole processes.
6. What if the Canadian refugee application is rejected?
After your refugee hearing, Immigration and Refugee Canada (IRB) approves or denies your refugee claim. If the IRB accepts your request, you will be granted “protected person” status. This means you can stay in Canada or apply to become a permanent resident of Canada. If the IRB rejects your request, you must leave Canada. Depending on your situation, you may be eligible to appeal the IRB’s decision. You may have other options. Bosman immigrants can apply for pre-removal risk assessment (PRRA) and humanitarian applications based on your situation.
7. Can I apply for refugee status from outside Canada?
To come to Canada as a refugee, the applicant must pass a designated guarantee. The United Nations Refugee Agency (UNHCR), the Canadian government, or other private sponsoring groups can sponsor refugees to come to Canada. Overseas sponsored refugee immigrants must have refugee status recognized by the United Nations before accepting the sponsorship. (watch the Canadian government refugee video) Please note: overseas refugee applicants cannot apply directly to IRCC.
There are the following ways to guarantee overseas convention refugees:
Canadian government (government-assisted refugees)
A group of people or an organization sponsors convention refugees (privately sponsored refugees)
Quebec collective guarantee Due to the historical reasons of Quebec, Quebec has certain criteria for self-selection of immigrants, including • Organizations or groups of 2 to 5 persons, joint guarantee • Non-profit organization guarantee • Group of Quebec residents and non-profit organizations (mixed representatives) Please note: Overseas refugee applicants cannot apply directly to IRCC for refugees.
8. How to prepare materials for Canadian refugee applications
From our experience, BOC and application presentation are very important for the hearing. For each personal document application, it is necessary to finalize the details of the personal situation with the client in the early stage. In the later stage, we need a lot of time to make detailed, logical and focused statements, and find subjective and objective support to maintain our statement. It is necessary to list the human rights law. , Human Rights Watch and other official data and materials, expounding the applicant’s fears and possible unfair treatment. If you want to know more, you can go to the Canadian judicial data website, canlii.org, to check past IRB eligibility judgments for refugee applications. You can also go to the Canadian government website for more information. Contact us for a free evaluation.