Refugees And Asylum Seekers
A. Refugee Claim
You can also gain citizenship in Canada if you fall under the category of Protected Persons. An individual is considered a Convention refugee if they demonstrate a well-founded fear of persecution upon return to their home country or country of citizenship. There are five different forms of persecution currently recognized by the international community: race, religion, nationality, membership in a particular social group, and political opinion. Contact us for Refugee Claim Lawyers today!
To claim refugee status in Canada, the fear of persecution must fall under one of these five forms. The individual must demonstrate that their home country cannot or unwillingly provide adequate state protection.
If an individual cannot demonstrate that they are a Convention refugee, it is still possible that they are a person in need of protection. This may arise because the individual is at risk of cruel and unusual punishment, risk of torture, or death.
To be deemed a person needing protection, you must demonstrate that your fear is personalized. It cannot simply be a risk faced by people within their country. A chance is not personalized unless there is a particular characteristic that has led to that person, as opposed to all other people, being targeted.
A claim can be made at any port of entry in Canada. Claims are typically made to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). The RPD and IRB are independent government tribunals that act like a court and determine who is granted refugee status.
The timelines for the RPD are stringent and require that refugee claimants be able to prepare for and attend their claim hearings without delay. At Brace Law, we can help you through this challenging time and ensure that everything is ready promptly.
B. Refugee Appeal
If your refugee claim fails, you will receive a Removal Order. A Removal Order, regardless of whether it is a Departure, Exclusion, or Deportation Order, requires you to leave Canada. If you fear returning to your country of nationality, you can make an application for a Pre-Removal Risk Assessment (PRRA) to assess your risk before removal. Contact our Refugee Claim Lawyers for Refugee Appeal.
C. Pre-Removal Risk Assesment (PRRA)
The PRRA aims to assess whether the applicant faces a risk in their home country and should not be deported there. It is similar to a refugee claim as it sets the same conditions for trouble due to religion, race, nationality, political opinion, or membership in a particular social group. However, it is essential to note that a person who has made a refugee claim before the Refugee Protection Division and/or the Refugee Appeal Division may not apply for the PRRA unless at least one year has passed since their initial refugee claim was rejected.
D. Humanitarian and Compassionate Grounds Application
When someone does not apply as a Refugee or has failed in their Refugee claim, they can still apply for permanent residence on humanitarian and compassionate grounds. Immigration authorities could grant permanent residency if they find there is a compelling reason, such as an exceptional hardship or if they will face unusual and unnecessary problems if they had to return to their country of nationality.
This application asks the immigration authorities to waive the usual requirements to apply for permanent residence. This often includes individuals who are in Canada illegally or are inadmissible to Canada for a variety of reasons.
When considering whether to grant the application of a humanitarian and compassionate ground, the immigration authorities can consider the following factors:
- Adverse conditions in the applicant’s country of nationality
- Length of time the applicant has been in Canada
- The specific circumstances of the family members
- Whether the family has the option to be together in another country
Are you having trouble with your refugee claim application? Or maybe you need help with the refugee appeals procedure. In either case, our skilled refugee claims lawyer can help. They can assist with the whole process and help you navigate any hurdles that come your way.