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Who can Claim Refugee Status in Canada?

Foreign nationals can apply for refugee status in Canada, if they are compelled b circumstances beyond their control to leave their own home country and seek refuge in Canada. Foreign Nationals must go through a process under which it is determine whether the refugee claim being filled by the national is credible or not. Immigration Refugee Board is an independent tribunal in Canada, which decides on refugee application received. Refugee protection can be applied as follows:

Claim refugee status from Outside Canada

Foreign national under this category can apply for refugee status from outside Canada, if certain requirements are fulfilled.

Claim refugee status from Inside Canada

Foreign national who are in Canada and fear their life, if they go back to their home country, apply under this class.

Claim refugee status from Outside Canada

To apply for refugee protection from outside Canada, a foreign national must be referred from either United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group. A foreign national to apply under this class, can not apply on his own directly. There are two classes for refugee applicants from outside Canada.

1) Convention refugee abroad class

A foreign national is considered as convention refugee if the foreign national is currently outside his home country and cannot return back due to fear or persecution based on his race, religion, political opinion, nationality, or, membership in a particular social group. Any foreign national who comes under Convention Refugee Class can be sponsored as a refugee in Canada either by:

Canadian Government under Government under government assisted refugees.
Private individuals under privately sponsored refugee class.
Mix of above two under blended visa office-referred refugees class.

2) Country of asylum class

A foreign national is considered under Country of Asylum class refugee, if the foreign national is currently outside his home country and is affected by an armed conflict or civil war in his home country, and is denied of basic human rights in his home country. Herein also, a foreign national can be sponsored by:

Canadian Government under Government under government assisted refugees.
Private individuals under privately sponsored refugee class.
Mix of above two under blended visa office-referred refugees class.

Ineligible Conditions

A foreign national is not eligible to apply if:

Individual has an option of another country to safely settle in.
Individual is a citizen of another country or has acquired citizenship of another country.
Individual has return to the country which he chose to leave.
The reasons are no more in existence which forced the individual to originally request for refuge in Canada.

If you have any more queries regarding Refugee claims, Please Contact US.

Claim refugee status from Inside Canada

A claim for a refugee claim can also be made from inside Canada at any port of entry such as airport, seaport, land border or at any IRCC office, if the foreign national is inside Canada and is not subject to any removal order in Canada. To be eligible for the same, the individual:

Must not be convention refugee in any other country than Canada.
Should not have been granted a protected person status in the past.
Must not have arrived in Canada through Canada-USA border, as in this case Safe third Country agreement can come into affect, according to which individuals who are seeking for refugee status in Canada, must not come from USA as such individuals shall submit their refugee claim in USA than Canada. There are some exceptions to the above. To know more about Safe-Third Country Agreement,Please Contact US. .

Here also, two classes exist.

1. Convention refugees

This is for those individuals who are outside their home country and are now not been able to return because of a well-founded fear of persecution based on

race
religion
political opinion
nationality
being part of a social group, such as women or people of a particular sexual orientation

2. Person in need of protection

Under Person in need of protection class an individual who are outside their home country and are now not been able to return safely back to their home country due to the following reasons may apply:

danger of torture
risk to their life
risk of cruel and unusual treatment or punishment

Ineligibility Conditions:

Following individuals are not eligible:

Individual has been recognized as a Convention refugee by another country.
Was already granted protected person status in Canada
Has arrived in Canada from Canada-USA border and is now covered under Safe-third Country Agreement.
Has already made a refugee claim in another country.
Is inadmissible to Canada.
Has previously also made an ineligible refugee claim in Canada.
Previous refugee claim has been rejected by IRB.
Previous refugee claim was abandoned or withdrawn.

If you have any more queries regarding Refugee claims, Please Contact US.

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Who can Claim Refugee Status in Canada?