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Refugees
Refugees and persons in need of protection are people within or outside Canada who fear persecution and going back to their home country. In keeping with its humanitarian tradition and international obligations, Canada protects thousands of people each year.

 

Canadian citizens and permanent residents can also sponsor refugees from abroad who qualify to come to Canada.

 

 

Resettlement from Outside Canada

 

Convention Refugee Abroad Class

You may be in this class if you:

  • are outside your home country; and
  • cannot return there due to a well-founded fear of persecution based on:
    • race,
    • religion,
    • political opinion,
    • nationality, or
    • membership in a particular social group, such as women or people with a particular sexual orientation.

 

You must also be:

  • outside Canada, and want to come to Canada,
  • referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization, or be sponsored by a private sponsorship group, and
  • selected as a government-assisted or privately sponsored refugee, or have the funds needed to support yourself and any dependants after you arrive in Canada.

 

Country of Asylum Class

You may be in this class if you:

  • are outside your home country or the country where you normally live and have been, and continue to be, seriously and personally affected by civil war or armed conflict, or have suffered massive violations of human rights.

 

You must also be:

  • outside Canada,
  • referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization or be sponsored by a private sponsorship group, and
  • privately sponsored, or have the funds needed to support yourself and any dependants after you arrive in Canada.

 

 

Refugee protection from inside Canada

On December 15, 2012, Canada’s asylum system changed. Under the new system, asylum claims will be heard faster. This means that those who need Canada’s protection will get it faster, while those who do not, will be sent home faster.

 

Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include the following:

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

 

If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.

 

Eligibility

Some people are not eligible to claim refugee protection in Canada.

 

Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal that makes decisions on immigration and refugee matters. The IRBdecides who is a Convention refugee or a person in need of protection.

 

Your refugee claim may not be eligible for referral to the IRB if:

  • You have been recognized as a Convention refugee by another country to which you can return;
  • You have already been granted protected person status in Canada;
  • You arrived via the Canada-United States border;
  • You are not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
  • You made a previous refugee claim that was found to be ineligible for referral to the IRB;
  • You made a previous refugee claim that was rejected by the IRB; or
  • You abandoned or withdrew a previous refugee claim.

 

In addition, people who are subject to a removal order cannot make a refugee claim.

 

Safe Third Country Agreement

Canada has an agreement with the United States where people who want to make a refugee claim must do so in the first safe country they arrive in. This means that if you enter Canada at a land border from the United States, you cannot make a refugee claim in Canada. In some cases this rule does not apply (for example, if you have family in Canada).

 

Definitions

You may find the following definitions useful as you learn more about refugee claims in Canada.

 

Convention refugee

Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:

  • race;
  • religion;
  • political opinion;
  • nationality; or
  • membership in a particular social group, such as women or people of a particular sexual orientation.

 

 

Person in need of protection

A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:

  • a danger of torture;
  • a risk to their life; or
  • a risk of cruel and unusual treatment or punishment.

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Dipendra Kandel
Online Consultant
Masters in Public Policy - CA*
Masters in BA - USA
Bachelor in Mech Eng - NEP
Email: dipendra@kandyy.com

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