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Applying for Protection from within Canada

Applying for Protection from within Canada

Applying for Protection from within Canada

Canada strives to offer protection to genuine refugees by not sending them back to their home countries to face persecution. Individuals can claim refugee protection if coming to Canada on their own. One can also apply to seek protection from persecution back home if facing removal because of any risks.

People can make refugee claims at the Port of Entry or from within Canada. Processing of refugee claims from the Canadian border is much faster than those made from within Canada. Contact an expert immigration counselor in the event of refugee claim refusal to find alternative options.

Refugee protection criteria

The process of refugee application is complex. The following conditions may disqualify an individual from making a refugee claim:

  • There was a rejection of refugee claims in the past
  • The claimant withdrew a refugee claim earlier
  • The claimant has refugee status in another country
  • The person has come from a safe third country

There is a critical issue of inadmissibility because the person is a criminal and is a risk to society.  

Process of refugee protection

The primary inspection of eligibility is the responsibility of a Canadian immigration officer. The officer forwards the file to Immigration and Refugee Board to determine the eligibility and authenticity of the refugee claim. The board also determines the eligibility of the person to receive protection.

The claimant should submit a Personal Information Form by giving details of the evidence and other necessary details. The claim may receive approval with no hearing provided the information is proper and genuine.

If the Immigration and Refugees Board accepts the claim, then the applicant obtains a status of a protected person and can proceed to apply for permanent residence. The entire process may take more than twelve months to complete.

Children of claimants can continue their education during the refugee claim processing because the processing time may extend beyond 12 months. Similarly, the family can also receive medical aid while the claim is under consideration by the Immigration and Refugees Board.

Hearing of the Refugee Claims

The Refugee Protection Division of IRB looks after hearing protection claims. Hearing for refugee protection considers all aspects of the refugee claims and the authenticity of the evidence. The board examines the following:

  • Justification seeking refugee status
  • Documentary evidence and Basis of Claim (BOC)

Members of the board may try to go into the depth of the evidence by asking questions to the claimant. They will also assess the following factors in the protection claim:

  • Claimant’s membership is a particular social group
  • Chances of the claimant’s safety after returning to home country
  • The present situation in the home country
  • The justifiability of the fear of persecution
  • Consistency of the facts or pieces of evidence

Hiring a lawyer or immigration consultant is permissible to improve the chances of a positive outcome.

Refusal of the protection 

A claimant may request a review by the Federal Court in Canada following the refusal of the application for protection by the Immigration and Refugees Board. The removal is sure if the Federal Court of Canada maintains the decision of the Immigration and Refugees Board.

The claimant may apply for a Pre-removal Risk Assessment before the removal. The application is assessed by an immigration officer, by looking at changes that may occur after the assessment by IRB.

The Pre-removal Risk Assessment is an opportunity for individuals who need protection. They can provide details of the reasons that may risk their lives by returning to their home country. Another way to seek permanent residence in Canada is to apply under humanitarian and compassionate grounds.

The Immigration and Refugee Board informs the claimant about the final decision. Individuals with successful protection claims can apply for a permanent residence. However, one should explore alternative options by hiring an expert immigration counselor. ASI Immigration offers comprehensive services to help individuals immigrate to Canada by providing reliable guidance.

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