Refugee Protection in Canada

 Key Refugee Protection Pathways  

There are several ways individuals can seek refuge in Canada. Here are the main pathways:

1. Refugee Status Determination (IRB)

The Immigration and Refugee Board of Canada (IRB) is the independent tribunal responsible for making decisions on refugee claims made inside Canada. If you are in Canada and seeking protection, you may apply for refugee status through the IRB. If you fear returning to your home country because of persecution, you must apply for refugee status.

Eligibility Requirements:

• You must be outside your country of origin and unable to return due to fear of persecution, war, or violence.
• You must not be involved in any criminal activities or be a security risk.
• You must meet the criteria set by the Canadian Refugee Protection Act (which includes being at risk of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion).

2. Resettlement from Outside Canada (Government-Assisted or Private Sponsorship)

Individuals who are outside of Canada and need protection may apply to be resettled through one of two major refugee programs:

• Government-Assisted Refugees (GAR): This program is for individuals who need protection and are referred to Canada by the United Nations High Commissioner for Refugees (UNHCR) or other referral organizations. The Canadian government helps cover the costs associated with resettling in Canada, including financial support and settlement services.
• Private Sponsorship of Refugees (PSR) (This programs is paused until end of 2025 and does not accept new applications): This program allows private Canadian citizens or organizations to sponsor refugees from abroad. Sponsors agree to provide financial and emotional support to the refugee for their initial settlement period.

Eligibility Requirements:

• Must be outside Canada and referred to Canada by UNHCR or a designated referral organization (in the case of GAR).
• Must meet eligibility criteria, including refugee status under Canadian law.
• For PSR, must have a private sponsor in Canada who agrees to support your resettlement.

3. Humanitarian and Compassionate Applications

If you do not meet the eligibility criteria for refugee status but are in Canada and facing exceptional circumstances, you may apply for permanent residence under the Humanitarian and Compassionate (H&C) grounds.

Eligibility Requirements:

• You must demonstrate that your situation is unique and compelling, and that returning to your home country would cause you hardship.
• Factors like family ties to Canada, establishment in the country, or best interests of any children involved will be considered.

4. Refugee Appeals and Judicial Reviews

If your refugee claim is denied by the IRB, you have the right to appeal the decision or seek a judicial review (JR) in federal court. It’s important to understand the appeal process and seek professional help to explore your options.

Eligibility Requirements:

• You must have been denied refugee status by the IRB and want to challenge the decision.
• A legal review of your case may be sought on the basis of procedural errors, new evidence, or a review of your claim.
  

 How the Refugee Protection Process Works?

Submit a Refugee Claim: If you are already in Canada, you must submit a refugee claim to the Immigration and Refugee Board (IRB). If you are outside Canada, you must apply through one of the resettlement programs.

Attend Your Refugee Hearing (IRB): If your claim is processed through the IRB, you will be required to attend a hearing where you can present your case for protection. The IRB will assess your claim and make a decision based on the facts of your case.

Wait for the Decision: After the hearing, the IRB will issue a decision. If your claim is accepted, you will be granted refugee status and can apply for permanent residence in Canada.

If Denied, Explore Appeals or Judicial Review: If your claim is rejected, you may appeal the decision or apply for judicial review in federal court to challenge the decision.

Receive Protection: If successful, you will be granted refugee status and can live and work in Canada. If you are a resettled refugee, you will receive settlement assistance from either the government or your sponsor.

 How We Can Help You?

The refugee protection process can be complex and challenging, but we are here to guide you every step of the way. Majid Hajali, RCIC-IRB, is a member of good standing of CICC and hold the license to represent you before IRB. Here’s how we can support you in this process:

• Eligibility Assessment: We will assess your situation and help you determine whether you qualify for refugee protection in Canada.
• Application Assistance: We guide you through the process of submitting your refugee claim or resettlement application, ensuring that all necessary documents are in order.
• Humanitarian Grounds Application: If you are applying for permanent residence under humanitarian and compassionate grounds, we will help you build a strong case to demonstrate the exceptional nature of your situation.
• Representation at IRB: If you need to attend an IRB hearing, we provide expert representation to ensure your case is presented clearly and compellingly.
• Appeals and Judicial Reviews: If your case is denied, we can help you navigate the appeal process or seek judicial review in federal court.
• Settlement Support: If granted refugee status, we can assist with your resettlement into Canadian society, including housing, language classes, and community connections.

If you are in need of protection or wish to seek refugee status, contact us today. Let us help you build a future in Canada, free from persecution and harm.