Refugee & Asylum

A person who is outside of their home country and who has a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion is considered a refugee under this Convention.

Key responsibilities of governments towards refugees are also outlined in the Convention, including the duty to not return refugees to a place where they may be persecuted.

If you are outside of Canada and have a well-founded fear of persecution if you return there, you may qualify for refugee status in Canada. If you fall into this category, you may be able to stay in Canada out of compassion or humanity. Canada has a strong reputation for its international humanitarian initiatives. If you fear persecution if you return to your home country, our immigration counselor will help you prepare a compelling case for refugee status and secure a favorable ruling on your application.

A member of Immigration and Citizenship Canada’s (ICAC) staff will hear your refugee application. Your refugee claim will be evaluated by that officer, who will then determine whether or not to forward it to the Immigration and Refugee Board of Canada. A neutral administrative body, the Immigration and Refugee Board of Canada hears and decides cases involving immigration and refugee protection in Canada. Its jurisdiction includes issues pertaining to immigration and refugee claims, and it issues rulings on those matters. Who qualifies as a Convention refugee or someone in need of protection is decided by the Immigration and Refugee Board.

To enter Canada as a refugee from outside the country, you require a reference letter from the United Nations High Commissioner for Refugees (UNHCR), a designated referral agency, or a private sponsoring group.

A referral from the proper agency will only be made if you fit into one of the two categories of refugees listed below.

 Convention Refugee Abroad
·       Living in a foreign country at the present time.

·       Feeling threatened because of who you are (because of your race, religion, political beliefs, nationality, or other affiliations).

·       Inability to return to the native country because of gender, sexual orientation, etc.

·       There are three possible sponsoring programs: Refugees who receive aid from the government, privately sponsored refugees, and those referred to the mixed visa office.

 Asylum Class Country
·       If you are currently located in a nation other than your country of origin or your regular country of residence, influenced in a significant way by civil war          or armed conflict.

·       Constantly prevented from exercising fundamental freedoms

·       It’s possible to get private funding.

Government-Assisted Refugees Program (GAR)
The United Nations High Commissioner for Refugees (UNHCR) or another designated referral body recommends refugees for resettlement in Canada under this program. Personal applications are not accepted.

In order to be considered by a referral organisation, you must first register for refugee status with the UNHCR or state authorities.

Canada’s Private Sponsorship of Refugees Program
This permits private organizations to sponsor foreign refugees who meet the program’s eligibility requirements. Those communities must fall under one of the following categories.

·       Sponsorship agreement holders (SAH)- When refugees arrive in Canada, the government works with those who have signed sponsorship agreements (SAH) to ensure they are cared for.

·       Constituent Groups are organizations that partner with SAHs to provide sponsorship for refugees.

·       Group of Five- To resettle refugees in local communities, groups of five or more Canadian citizens or permanent residents can act as sponsors.

·       Community Sponsors- Sponsors in the community can be non-profits or for-profit businesses.

Blended Visa Office- Referred (BVOR)
As part of this initiative, the Visa Office collaborates with groups that provide referrals for refugees. This program makes it simpler for private sponsors to provide aid to the neediest refugees. The BVOR program provides up to six months of financial support to refugees once they arrive in Canada after they have been identified for resettlement by referral groups and supported by their sponsors.

One can seek refugee status in Canada if they are unable to return home safely due to threats of torture, physical harm, or other cruel and unusual punishments.

·       Eligibility is contingent upon the physical presence in Canada.

·       You are not subject to a removal order.

If you apply for refugee status in Canada, the Immigration and Refugee Board of Canada (IRBC) will decide whether or not to refer your case (IRB). The IRB is a neutral body that rules on cases involving immigration and refugees. Who has considered a Convention refugee or in need of protection is a matter for the IRB to decide.

Convention refugees are those who are currently living in a country other than their home country or place of usual residence due to a well-founded fear of persecution on account of:

·       Race

·       Religion

·       Being a member of a social group, such as women or those with a specific sexual orientation, political views, etc.

An individual in Canada is considered to be in need of protection if they are unable to safely return to their home country due to the following threats:

·       possible risk of torture,

·       potential risk of death,

·       potential risk of cruel and rare punishment.