Refugee Application

What is Refugee Status in Canada

Canada's refugee system is a law to provide protective or asylum measures for those who are currently in Canada or who are entering Canada, who have a fear of persecution, or who would be in danger if they left Canada and returned to their home country. 

Eligibility for refugee claimants

Generally, the refugee application will be initially reviewed by the immigration office or the customs entry officer to see if the basic requirements are met, and then decide whether the application case can be referred to the Canadian Refugee Protection Bureau/Canada Immigration and Refugee Agency RPD/IRB (Refugee Protection Division/ Immigration and Refugee Board of Canada). RPD/IRB is an independent agency designated by the Canadian Federal Department of Immigration. Through court hearings, it verifies in detail the evidence, facts, and legal principles provided by refugee applicants to confirm whether they constitute genuine refugees.

Classification of refugees in Canada

There are two categories of refugees in Canada: Convention Refugees and Protected Persons.

Convention Refugees Category

Leaving your home country or country of residence and being unable to return to that country due to a well-founded fear of persecution:

race

religion

political opinion

nationality

Special groups, such as sexual orientation, homosexuality (being part of a social group, such as women or people of a particular sexual orientation)

Protected Person Category (Protected Person)

Refugee claimants may face the following risks if they return to their home country:

abuse (danger of torture)

risk to their life

Cruel/abnormal treatment, or punishment (risk of cruel and unusual treatment or punishment)

To apply for a refugee, the following information must be clearly stated in the refugee application form and materials:

personal background

individual family

Reason for claiming refugee

Refugee claimants in the following situations are not eligible for refugee application and their refugee application will not be referred to the RPD/IRB for processing:

People who receive a "departure order" will automatically lose their refugee eligibility. (received removal order before) are recognized as a Convention refugee by another country that you can return to

Be approved by Canada as a protected person status (were granted protected person status in Canada)

When entering via the Canada–United States border

Listed as inadmissible by Canada; due to: 1. Security factors 2. Criminal offenses 3. Human rights violations (are not admissible to Canada on security grounds or because of criminal activity or human rights violations)

A refugee claimant who has had a previous application rejected; made a previous refugee claim that was not found eligible

Previous refugee claim that was rejected by the IRB (made a previous refugee claim that was rejected by the IRB)

Previously rejected refugee claims; due to voluntary abandonment or withdrawal of IRB applications (abandoned or withdrew a previous refugee claim)

Persons in breach of the Safe Third Country Agreement (Safe Third Country Agreement)

The United States and Canada signed the Safe Third Country Agreement. The agreement specifies that refugee applicants must first apply for refugee protection in the country of arrival after arriving in either country. They are not allowed to transfer to the other country to apply for asylum. That is to say, entering Canada from the United States by land (unless entering by other means) is not allowed to make a refugee application.

Unless the refugee claimant has the following special circumstances:

The applicant proves that there are relatives/family members in Canada (Family Member Exceptions)

Relatives include spouse, legal guardian, child, father or mother, sister or brother, grandfather or grandmother, grandchild, uncle or aunt, nephew or niece, common-law partner, same-sex spouse), and the relative is 18+ age, with Canadian status (Canadian/PR/Protected Person, refugee application in IRB process, in H&C process, valid WP/SP, 18 years old+)

The applicant is an unaccompanied minor (Unaccompanied Minors Exception)

Parents are not in the U.S. and Canada

The refugee claimant has a Canadian Identity Document ( Document Holder Exceptions )

The applicant has legal status in Canada: valid Visa, valid study permit/work permit (SP/WP), Canadian travel documents (Canada Travel Docs), passport with valid US visa (but Canada is exempt from visas)

Applicant's public interest (Public Interest Exceptions )

For example: may face the death penalty in the United States or a third country