Refugee and Humanitarian Claims

What is Asylum in Canada?

Asylum is a form of protection granted to individuals who are fleeing persecution in their home countries. Refugee claimants can apply for asylum upon arrival in Canada or at a port of entry. Successful applicants are granted refugee protection, allowing them to stay in Canada as permanent residents.

Who Can Claim Asylum in Canada?

To be eligible for asylum, you must prove that you meet the definition of either:

  1. A Convention Refugee:
    Someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  2. A Person in Need of Protection:
    Someone at risk of torture, cruel or unusual punishment, or a threat to their life if returned to their home country.

You cannot claim asylum in Canada if:

  • You have been granted refugee protection in another country.
  • You arrived via the U.S. and are subject to the Safe Third Country Agreement (exceptions apply).
  • You have a criminal record or are deemed inadmissible on security grounds.
Steps in the Asylum Process
1. Making a Refugee Claim
  • At a Port of Entry:
    You can make your claim when arriving at a Canadian airport, land border, or seaport.
  • Inside Canada:
    If you are already in Canada, you can submit your claim to Immigration, Refugees and Citizenship Canada (IRCC).
Steps to be considered

A. Eligibility Determination

B. Preparing for the IRB Hearing

C.  The Hearing

D.  Decision and Outcomes

Rights and Support for Asylum Seekers in Canada

While awaiting a decision, refugee claimants have access to several benefits:

  1. Work and Study Permits
  2. Healthcare
  3. Settlement Services
Humanitarian and Compassionate Grounds (H&C)

For individuals facing exceptional circumstances, Canada provides a pathway to PR based on humanitarian and compassionate grounds. This option is typically for individuals who may not qualify under other programs but have strong ties to Canada or compelling reasons to stay.

Conclusion

Canada’s asylum system offers a lifeline to individuals in need of protection. Although the process can be challenging, the rewards of safety, stability, and a fresh start are worth the effort. At Radaii Immigration Services, we are here to support you every step of the way, from preparing your claim to navigating hearings and appeals. Contact us today for a professional assistance in your immigration application!

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