Canada has long been known for its welcoming approach towards refugees and asylum seekers. The country has a robust system to process refugee claims and ensure that those fleeing persecution and danger can find safety within its borders. However, navigating the complex refugee claim process can be challenging, and seeking legal counsel is often essential for a successful outcome.
In this comprehensive guide, we will explore the ins and outs of refugee claims in Canada, highlighting when and how to seek legal counsel to maximize your chances of a favourable resolution. Whether you’re an asylum seeker or someone assisting refugees, this information is vital for understanding the Canadian refugee system.
What is a Refugee Claim?
A refugee claim is a request made by an individual who fears persecution or risks serious harm in their home country and seeks protection in Canada. To qualify as a refugee, an applicant must prove they meet the criteria outlined in the United Nations Convention Relating to the Status of Refugees, to which Canada is a signatory. These criteria include a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
The Role of the Immigration and Refugee Board (IRB)
The Immigration and Refugee Board is the government agency responsible for hearing refugee claims in Canada. The IRB consists of several divisions, with the Refugee Protection Division (RPD) being the primary body responsible for assessing refugee claims.
Claim Types
There are two main types of refugee claims in Canada:
- Inland Refugee Claims: Individuals already in Canada, whether on a visa, work permit, or as visitors, can make inland refugee claims.
- Port of Entry Claims: Asylum seekers who arrive at a Canadian border or port of entry can also make refugee claims, and this process is often referred to as seeking asylum.
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