By definition, a refugee is a person who leaves outside their home country in order to escape war, persecution, or natural disaster. Canada is multicultural, extremely diverse and can be a place of salvation for many individuals. Individuals who are coming to Canada to seek asylum or refugee status, or are sponsoring a refugee to come to Canada, have a specific process to follow. You are able to apply for refugee status before or after arriving in Canada and can appeal a refugee claim if it was rejected by the Government of Canada.
How to Apply For Refugee Status
If you are applying for refugee status before arriving in Canada you must follow the process of application under the Refugee Protection Claim Program. A refugee claim can be made inside Canada due to a well-founded fear of any harm, persecution or disaster (they may be unwilling to return there due to these circumstances). The refugee claim can be made at any entry port of Canada or any of the inland offices during the admissibility or administrative hearing process until a removal order is passed. Any refugee claim can be made outside Canada at a Canadian High Commission or Embassy, under the Convention refugee or Humanitarian protected person class. Judicial review is carried out after the application is submitted by panel or immigration officers; refusal of an application is advised in writing to the claimant. An application for leave and judicial review can be filed within a period of fifteen days from the date of the refusal from the Immigration and Refugee Board (IRB), Refugee Protection Division (RPD) or within sixty days of receiving the refusal letter from any Canadian visa office abroad.
The Refugee Asylum system aims to authorize accredited adaptation of refugees to Canada and departing failed refugee claimants from Canada. Recently, the Refugee Appeal Division (RAD) within the Immigration and Refugee Board (IRB) was created which enables a refugee applicant to file a Notice of Appeal after receiving the decision from the Refugee Protection Division. Public servant decision makers were appointed to conduct hearings instead of appointed members. Appeal decisions are made within a period of 90 days where failed claimants are exited from the country within 12 months. Barring access for one year of pre-removal risk assessments and humanitarian and compassionate (H&C) applications post a negative IRB decision. The basis of Claim Form (BOC) replaced the Personal Information Form (PIF).
If you are applying for refugee status after arriving in Canada, you must follow the same steps as above. Please note the following is still applicable:
- NAn application for leave and judicial review can be filed within a period of fifteen days from the date of the refusal from the Immigration and Refugee Board (IRB), Refugee Protection Division (RPD) or within sixty days of receiving the refusal letter from any Canadian visa office abroad.
If you are appealing a refugee claim after it was rejected by the Government of Canada, Individuals who have a refugee claim rejected, abandoned or withdrawn may eventually apply for a Pre-Removal Risk Assessment (PRRA). This is an opportunity for people who are facing removal from Canada to seek protection by describing, in writing, the risks they believe they would face if removed.
We Can Help
Please book a consultation with a well-informed consultant at Sharkish Immigration Inc. if you feel you need more information. We can advise you on next steps and ensure you receive safe entry to Canada.