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REFUGEE APPLICATIONS

How Does a Refugee Claim Work in Canada?

The process for claiming refugee status in Canada involves several steps. Here’s an overview of how it typically works:

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  1. Arrival in Canada: To make a refugee claim, you generally need to be physically present in Canada. If you're arriving at a port of entry (like an airport) or already inside the country, you can start the process there.

  2. Making the Claim:

    • At a Port of Entry: If you're arriving from abroad, you can make your claim at a Canadian border crossing, airport, or seaport. You'll need to provide information about why you fear returning to your home country.

    • Inside Canada: If you're already in Canada, you can make your claim at a local Immigration, Refugees and Citizenship Canada (IRCC) office or at the Refugee Protection Division (RPD) office.

  3. Initial Screening:

    • Eligibility Assessment: An immigration officer will assess whether you meet the criteria to make a refugee claim. This includes checking if you have a valid reason to fear persecution or if your claim is eligible under Canadian law.

    • Documentation: You’ll need to provide identification and details about your claim, including a detailed account of why you fear persecution or risk in your home country.

  4. Refugee Hearing:

    • Scheduling: If your claim is accepted for consideration, you’ll be scheduled for a hearing before the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB).

    • Preparing: You should prepare evidence and any documents that support your claim. It’s highly recommended to seek legal advice or representation from a lawyer or a legal aid service.

    • Hearing: At the hearing, you'll present your case and explain why you fear returning to your home country. The IRB member will ask questions and review your evidence.

  5. Decision:

    • Positive Decision: If the IRB grants you refugee status, you’ll receive a positive decision, which means you are recognized as a refugee and can stay in Canada. You may then apply for permanent residence.

    • Negative Decision: If your claim is denied, you may have options to appeal the decision or seek judicial review. If all appeals fail, you could be asked to leave Canada.

  6. Post-Decision:

    • Permanent Residence: If granted refugee status, you can apply for permanent residency, which can eventually lead to citizenship.

    • Rights and Responsibilities: As a recognized refugee, you have certain rights (such as access to healthcare and work) and responsibilities (such as abiding by Canadian laws).

 

The process can be complex, so it's important to seek legal advice to navigate it effectively. There are also community organizations that can provide support and guidance throughout the process.

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