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Refugee Immigration
Refugee Immigration
Refugee Immigration
Canada is a signatory to the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol. Each year, Canada provides permanent residence to around 30,000 refugees through an extensive protection process, divided into two major components: the Refugee and Humanitarian Resettlement Program (managed outside Canada) and the In-Canada Refugee Protection Process.
A convention refugee is someone who, due to a well-founded fear of persecution based on race, religion, nationality, membership in a specific social group, or political opinion, cannot or is unwilling to seek protection from their country of nationality.
A person in need of protection is an individual in Canada who would face torture, risk to life, or cruel and unusual treatment or punishment if returned to their country.
Most approved refugees are granted asylum within Canada, and they typically submit their claims at a Canadian port of entry or an inland Immigration Centre. When a CIC officer finds the claim eligible for referral, it is sent to the Immigration and Refugee Board (IRB), where a hearing takes place before a tribunal of Refugee Protection Division members to determine if the claimant is a convention refugee or someone in need of protection.
These hearings are usually non-adversarial but often include both the applicant’s legal counsel and a government refugee claims officer. If the claim is approved, the applicant may apply for permanent residence from within Canada, a process that typically takes about 18 months. Before the hearing, claimants may also be eligible under Canadian law to obtain work or study permits. Certain categories of people are ineligible for referral to the IRB.
Several factors can affect the success or failure of a refugee claim. For more details, contact Colin R. Singer, Attorney at csinger@immigration.ca.