An asylum seeker is a person looking for protection because they fear persecution, or they have experienced violence or human rights violations. A refugee is a person who asked for protection and was given refugee status.
Individuals can make a refugee claim in Canada at a port of entry upon arrival or online if already in Canada. CBSA or IRCC officials will determine if an individual is eligible to be referred to the Immigration and Refugee Board for a hearing. Factors determining an individual’s eligibility to make a refugee claim include whether the claimant has committed a serious crime, made a previous claim in Canada, or received protection in another country.
Persons in Need of Protection
A Person in Need of Protection is a person in Canada who, if removed to their home country or country where they normally live would be personally subjected to:
torture,
a risk to their life,
a risk of cruel and unusual treatment or punishment
If they are not able to get protection from their own government, the person would face the risk in all parts of the country, even though the risk is not faced generally by others in or from that country, the risk is not part of legal penalties (unless those penalties violate international standards), and the risk is not caused by inadequate health or medical care.
Convention Refugee
Canada’s refugee system adheres to the definitions of a convention refugee as defined in Article (1) of the United Nations Convention relating to the status of Refugees.
The United Nations defines Convention Refugees as people who are living outside their home/national country and are unable to or unwilling to return to their home country because of a well founded fear of persecution and cannot be protected in their country based on their:
Race,
Religion,
Nationality,
Political opinion, and
Association with a particular social group (including groups that the person cannot change, such as gender, sexual orientation, past memberships, or groups they choose to join.)
Country of Asylum Class
It is for people who are outside of Canada and in refugee-like situations but who do not qualify as Convention Refugees. A person is considered to be a member of the Country of Asylum Class if an Immigration Officer determines that they have been, and continue to be, seriously and personally affected by:
civil war,
armed conflict, or
massive violation of human rights.
Those who cannot find an adequate solution to such a situation within a reasonable time can apply for refugee status in Canada. Refugees in this Class must also be referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization, be sponsored by a private sponsorship group, or have the funds needed to support themselves and their dependents after they arrive in Canada. As with Convention Refugee claimants, a person making a claim under the Country of Asylum Class must also show that there is no internal flight alternative. This means that there is no other place in their home country that they could go to and live safely, free from the persecution that they are facing.
For more information on this please visit the following web pages:
Information about the structure of Canada’s refugee system. From Immigration, Refugees and Citizenship Canada (IRCC). Click here
An independent tribunal that is responsible for hearing refugee claims and appeals. Click here
A visual summary of how the asylum system works in Canada. From the UNHCR Click here
Reach out to us if you feel someone you know is in need of this service.
Refugee Asylum
Refugee Asylum
What is Refugee Asylum?
An asylum seeker is a person looking for protection because they fear persecution, or they have experienced violence or human rights violations. A refugee is a person who asked for protection and was given refugee status.
Individuals can make a refugee claim in Canada at a port of entry upon arrival or online if already in Canada. CBSA or IRCC officials will determine if an individual is eligible to be referred to the Immigration and Refugee Board for a hearing. Factors determining an individual’s eligibility to make a refugee claim include whether the claimant has committed a serious crime, made a previous claim in Canada, or received protection in another country.
Persons in Need of Protection
A Person in Need of Protection is a person in Canada who, if removed to their home country or country where they normally live would be personally subjected to:
If they are not able to get protection from their own government, the person would face the risk in all parts of the country, even though the risk is not faced generally by others in or from that country, the risk is not part of legal penalties (unless those penalties violate international standards), and the risk is not caused by inadequate health or medical care.
Convention Refugee
Canada’s refugee system adheres to the definitions of a convention refugee as defined in Article (1) of the United Nations Convention relating to the status of Refugees.
The United Nations defines Convention Refugees as people who are living outside their home/national country and are unable to or unwilling to return to their home country because of a well founded fear of persecution and cannot be protected in their country based on their:
Country of Asylum Class
It is for people who are outside of Canada and in refugee-like situations but who do not qualify as Convention Refugees. A person is considered to be a member of the Country of Asylum Class if an Immigration Officer determines that they have been, and continue to be, seriously and personally affected by:
Those who cannot find an adequate solution to such a situation within a reasonable time can apply for refugee status in Canada. Refugees in this Class must also be referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization, be sponsored by a private sponsorship group, or have the funds needed to support themselves and their dependents after they arrive in Canada. As with Convention Refugee claimants, a person making a claim under the Country of Asylum Class must also show that there is no internal flight alternative. This means that there is no other place in their home country that they could go to and live safely, free from the persecution that they are facing.
For more information on this please visit the following web pages:
Information about the structure of Canada’s refugee system. From Immigration, Refugees and Citizenship Canada (IRCC). Click here
An independent tribunal that is responsible for hearing refugee claims and appeals. Click here
A visual summary of how the asylum system works in Canada. From the UNHCR Click here
Reach out to us if you feel someone you know is in need of this service.
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