Are you thinking of making a refugee claim or have you already made one? Refugee law is very complex and without a sufficient understanding, it can limit your chances of a successful outcome. Do not hesitate to ask our experts to guide you.
CONVENTION REFUGEES
Convention refugees are people who are outside their home country or the country where they normally live. As such, they are also people who are unwilling to return because of a well-founded fear of persecution based on:
- race
- religion
- political affiliations
- nationality
- 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 to:
- a danger of torture
- a risk of cruel and unusual treatment or punishment, or
- a threat against their life
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.
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 IRB decides who is a Convention refugee or a person in need of protection.
RESETTLEMENT FROM OUTSIDE CANADA
Each year, millions of people around the world are forced to flee their country to escape persecution, war or severe violations of human rights. In many cases, these people will never return home.
The Private Sponsorship of Refugees Program helps thousands of refugees each year. It is possible to sponsor refugees from abroad who are considered eligible for resettlement in Canada. Sponsors provide assistance to refugees financially and emotionally for the duration of the sponsorship, which includes help to find housing, and make sure they have clothes and food. Most sponsorship agreements are for a period of one year, but some refugees may be eligible to receive assistance from their sponsors for up to three years.
For refugees to have the right to enter the country, they must meet the requirements set by the laws of Canada. They must also undergo a medical examination and be subject to a security check before being admitted to Canada.
PEOPLE WHO CAN BE RESETTLED FROM OUTSIDE CANADA FALL INTO TWO CLASSES
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.
You will have to pass a medical exam and security and criminal checks.
Some people are not eligible
You are not eligible to resettle to Canada as a refugee from outside Canada if:
- you have another secure offer for protection, such as an offer to be resettled in another country;
- you become a citizen of another country and have the protection of that country;
- you choose to return to live in the country you had left; or
- the reasons for your fear of persecution no longer exist.
WANT TO LIVE IN QUEBEC?
The Province of Quebec selects its own refugees. Find out about Québec’s procedures for selecting refugees abroad.