Refugee Programs
Applying for refugee status in Canada can be a complex process, and the “best” way to apply depends on individual circumstances. However, here are some common avenues individuals may consider when applying as a refugee in Canada:
Here are the main types of Refugee Programs
United Nations High Commissioner for Refugees (UNHCR) Resettlement
If you are outside Canada and in need of protection, you can approach the UNHCR in your country of asylum to seek refugee status determination (RSD). If recognized as a refugee by the UNHCR, you may be referred for resettlement to Canada or another country.
Private Sponsorship
Canadian citizens and permanent residents, as well as organizations, can sponsor refugees for resettlement in Canada through the Private Sponsorship of Refugees Program. Sponsors commit to providing financial, emotional, and settlement support to refugees for their first year in Canada
Asylum Claim at a Port of Entry or Inside Canada
If you are in Canada and fear persecution or danger in your home country, you can make an asylum claim at a port of entry or inside Canada. This claim will be assessed based on the criteria outlined in the Immigration and Refugee Protection Act. If your claim is successful, you will be granted refugee status and allowed to stay in Canada.
Government-Assisted Refugee Program
Overseas refugees who are referred by the UNHCR or another designated referral organization may be eligible for resettlement through the Government-Assisted Refugee Program. Under this program, the Canadian government provides resettlement assistance, including travel costs, initial settlement services, and income support.
Pre-Removal Risk Assessment (PRRA)
If you are facing removal from Canada and believe you would face risks if returned to your home country, you can apply for a PRRA. This assessment evaluates the risk of persecution, danger, or cruel and unusual treatment or punishment.
It’s important to seek legal advice and assistance when applying for refugee status in Canada to ensure that you understand your options and navigate the process effectively. Legal aid organizations and refugee support agencies can provide guidance and support throughout the application process.
An explanation of how an asylum claim at a port of entry
or inside Canada is handled
1
Arrival at Port of Entry or Inside Canada
- An individual arrives at a port of entry (e.g., airport, land border crossing) or is already inside Canada.
- They express a fear of persecution, danger, or harm in their home country or the country they last resided in to a Canadian border services officer or immigration officer.
2
Initial Screening
- The officer conducts an initial screening to determine if the individual is eligible to make an asylum claim.
- The individual may be detained or released under certain conditions during this process.
3
Referral to Immigration and Refugee Board (IRB)
- If the officer determines that the individual is eligible to make an asylum claim, they are referred to the Immigration and Refugee Board (IRB) for a hearing.
4
Filing of Asylum Claim
- The individual files their asylum claim with the IRB, providing detailed information about their reasons for seeking asylum and any supporting documentation.
- They may be represented by legal counsel or a representative during this process.
5
Admissibility Hearing (if applicable)
- The IRB conducts an admissibility hearing to determine if the individual is admissible to Canada and if their claim should be heard.
- Factors such as criminality, security concerns, and previous immigration violations may be considered.
6
Refugee Protection Division (RPD) Hearing
- If deemed admissible, the individual’s asylum claim is heard by the Refugee Protection Division (RPD) of the IRB.
- The individual presents their case, including testimony and evidence, to support their claim of persecution or danger in their home country.
- The RPD evaluates the credibility of the claim and assesses whether the individual meets the criteria for refugee protection under Canadian law.
7
Decision
- The RPD issues a decision on the asylum claim, either granting or refusing refugee protection.
- If refugee protection is granted, the individual is authorized to remain in Canada and may eventually apply for permanent residency.
- If refugee protection is refused, the individual may have the option to appeal the decision or explore other legal remedies.
8
Appeal (if applicable)
- If the asylum claim is refused, the individual may have the right to appeal the decision to the Refugee Appeal Division (RAD) of the IRB, depending on certain criteria.
- The RAD conducts a review of the decision and may uphold, overturn, or send the case back to the RPD for reconsideration.
9
Further Legal Proceedings (if necessary)
- If all avenues for appeal are exhausted and refugee protection is still not granted, the individual may explore other legal options, such as judicial review or humanitarian and compassionate (H&C) applications.
It’s important to note that each asylum claim is unique, and the process may vary depending on individual circumstances and legal developments. Additionally, individuals making asylum claims in Canada have certain rights and protections under Canadian and international law, including access to legal representation and interpretation services.
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Phone
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