Understanding Refugee Protection in Canada
Applying for asylum in Canada is a serious legal process and requires careful preparation. It is crucial to understand how Canadian immigration law defines refugees and protected persons, as well as the steps involved in making a successful claim.
Under the Immigration and Refugee Protection Act (IRPA), a Convention Refugee is someone with a well-founded fear of persecution in their country of origin based on their race, religion, nationality, political opinion, or membership in a particular social group. A Protected Person is someone whose removal would subject them to torture, a risk to their life, or cruel and unusual punishment.
How to Apply for Asylum
You may apply at a Canadian port of entry or from within Canada through an IRCC office. If your claim is found eligible, it will be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) for a hearing.
Preparation is Critical
To succeed, you must provide strong evidence. This includes testimonies, police reports, medical records, news articles, and country condition reports from organizations like Amnesty International or the United Nations.
During your hearing, a Board Member will evaluate your credibility and evidence. It is highly advisable to be represented by a licensed immigration lawyer or consultant. Improper or incomplete documentation may lead to a denial of your claim.
If Your Claim is Approved
If you are granted protection, you will be recognized as a refugee or protected person and become eligible to apply for permanent residence in Canada. You may also include your spouse or children in your application.
You will gain access to essential services such as healthcare, education, and settlement programs. If your family members remain in danger in your country, you may apply to reunite with them through family sponsorship.
We Are Here to Help
At Giroux O’Connor Immigration Law, we understand the human impact of displacement and persecution. We will guide you through the process with integrity and compassion, from your initial claim to your final hearing and beyond.
Contact us today to schedule a confidential consultation.
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