REFUGEE & PROTECTED PERSONS CLASS

Refugees

A refugee claimant or asylum seeker is a person who has fled his/her country and is seeking protection in another country.

There are two ways to make a refugee claim from inside Canada. Either through:

  1. IRCC office; or
  2. CBSA office or Port of Entry, such as an airport or land border

Claims for refugee status are made under the following two categories:

  • convention refugees; or
  • persons in need of protection

 

Convention Refugees

Convention refugees are those who are outside their home country or former habitual residence and are not able or willing to return because of a well-founded fear of persecution based on:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political group

The burden of proof to the Refugee Protection Division (RPD) is on the refugee claimants by submitting all their available and accessible evidence.

 

Persons in Need of Protection

A person in need of protection is a person in Canada who is not able or willing to return to his/ her home country or former habitual residence because they would personally be subjected to:

  • danger of torture,
  • a risk to their life, or
  • a risk of cruel and unusual punishment

Keep in mind that your refugee claim may NOT be eligible to be referred to the Immigration and Refugee Board (IRB) if you:

 

  • are recognized as a Convention refugee by another country that you can return to
  • were granted protected person status in Canada
  • arrived via the Canada–United States (US) border (some exceptions may apply)
  • are not admissible to Canada on security grounds or because of criminal activity or human rights violations
  • made a previous refugee claim that was not found eligible
  • made a previous refugee claim that was rejected by the IRB
  • abandoned or withdrew a previous refugee claim

 

What should I do now?

If you believe you may be a convention refugee or a person in need of protection, have already made a claim for refugee status or have been refused for refugee status, and would like assistance, we encourage you to contact V-Land Immigration office.