Individuals who are in Canada could apply for refugee status. A particular committee, the Immigration and Refugee Board, will organize a hearing to establish if the applicant requires refugee protection based on definitions enclosed in the Canadian Immigration and Refugee Protection Act (IRPA). These definitions are derived from the United Nations Convention Relating to the Status of Refugees, the United Nations Convention Against Torture, and from the Canadian definition of "risk to life or of cruel and unusual treatment or punishment".
TThe definition of Convention refugee is described in s. 96 of the IRPA as follows: A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
     (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries, or

     (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country. The other consolidated grounds describing persons in need of protection are defined in section 97 of the Canadian Immigration and Refugee Protection Act as follows: A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
     (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or

     (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment... A person who claims refugee protection in Canada may therefore present their case on one or more of three bases for refugee protection: (1) that they face persecution in their home country on one of five listed grounds in the refugee Convention, (2) that they face a risk of torture in their home country, (3) that they face a risk to their life or of cruel and unusual treatment or punishment in their home country.
The process of claiming refugee status in Canada begins by making a refugee claim either upon entry into Canada or at a later date after already entering Canada. Claimants will be provided with an opportunity to attend a hearing at the Immigration and Refugee Board where they will personally present their case to a Board Member who will decide whether or not to grant them refugee protection.
A successful refugee claimant will be one who has satisfied a Board Member at the Immigration and Refugee Board that he or she falls within the definitions of s. 96 and/or s. 97 of the IRPA, and otherwise satisfies the requirements of the law. A refugee claimant who is found to be in need of refugee protection in Canada may apply for permanent residence so they can remain in Canada permanently.

If you are considering making a refugee claim in Canada, please contact us for further information.

• Pre-Removal Risk Assessment
  
• Humanitarian and Compassionate Applications
  
• Sponsored refugees
  
• Refugees Abroad
  
• Refugee Category
  

Disclaimer: the information included on this website is intended to be of a general nature and does not constitute legal advice.