Refugee Case

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For a FREE assessment of your eligibility to migrate to Canada in the Independent/Skilled Worker Class, please fill out our Assessment Form.

d


Refugee cases

The Immigration and Refugee Protection Act allows foreign nationals to apply for refugee protection while outside Canada and to be selected for resettlement in Canada. CIC’s Refugee and Humanitarian Resettlement Program reflects Canada’s commitment to protect refugees and people who are in refugee-like situations. Either CIC, groups of Canadian citizens or permanent residents may sponsor refugees.


WHO IS ELIGIBLE FOR SELECTION FROM ABROAD

CIC selects refugees who are seeking resettlement in Canada. To be eligible, they must have no alternative, such as voluntary repatrition, resettlement in their country of asylum or resettlement to a third country, or there must be no possibility of such an alternative within a reasonable period of time. Three classes of people are eligible for this program.

 
Convention Refugees Abroad Class
 

Convention refugees seeking resettlement are people who are outside their country of citizenship or habitual residence and who have a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group.

 
Country of Asylum Class
 

The Country of Asylum class includes people who are outside their country of citizenship or habitual residence and who have been and continue to be seriously and personally affected by civil war, armed conflict or massive violations of human rights.

 

Source Country Class

 

This class includes people who would meet the definition of convention refugee but who are still in their country if citizenship or habitual residence. It also includes people who are suffering serious deprivations of the right of freedom of expression, the right of dissent or the right to engage in trade union activity, and who have been detained or imprisoned as a consequence. Only citizens or habitual residents of specific countries are eligible under this class.

 

The government may sponsor members of the Convention Refugees and Source Country classes. Members of any of the three classes may be privately sponsored

 

People selected for resettlement, regardless of their class, must demonstrate their ability to eventually re-establish in Canada and must undergo medical, security and criminality screening.

 
WHO MAY SPONSOR A REFUGEE
 

Organizations, and groups of Canadian citizens or permanent resident may sponsor refugees under the Private Sponsorship of Refugees program.

 

Sponsoring groups commit to providing assistance in the form of accommodation, clothing, food and settlement assistance for one year from the refugee’s date of arrival. There are three types of sponsoring groups

 
Sponsoring Agreement Holders and Their Constituent Groups
 

A number of organizations and groups across Canada have signed sponsorship agreements to facilitate the sponsorship process. Sponsorship agreement holders are essentially pre-approved sponsors. They may sponsor refugees themselves or their constituent groups may sponsor refugees with the approval of the agreement holder

 
Group of Five
 

A group of five Canadian citizens or permanent residents can partner to sponsor refugees living abroad. Each member of the group must be at least 18 years age, live in the community where the refugee will live and personally provide settlement assistance and support.

 

Community Sponsors

 

Other groups interested in sponsoring refugees may consider a community sponsorship. This type of sponsorship is open to organizations, associates and corporations who have the necessary finances and who can provide adequate settlement assistance to refugees. Community sponsors must be located in the community where the refugee will live.

 
WHAT’S NEW CHANGES AS PER NEW ACT
 

Community sponsorship Under the Immigration and Refugee Protection Regulations, groups interested in sponsoring refugees can now do so through community sponsorship.

 

WHO IS RESPONSIBLE

 
Immigration officers decide if a person is eligible to claim refugee protection. If eligible, the person’s claim is referred to RPD for a refugee protection hearing.
 

WHAT IS REFUGEE PROTECTION?

 
WHO IS …… a protected person?
 

A protected person can be either a Convention refugee or a person in need of protection.

 

… a convention refugee?

The Act has adopted the same definition of a Convention refugee as appears in the United Nations Convention Relating to the Status of Refugees, 1951.

Convention refugees are people who are outside of their country of nationality or habitual residence and who are unable or unwilling to return to that country because of a well-founded fear of persecution for reasons of race, religion, political opinion, nationality or membership in a particular social group

 

… a person in need of protection?

People in need of protection are people whose removal to their country of nationality would subject them to

               the possibility of torture, as defined by the Convention against Torture, or
              d the risk of cruel and unusual treatment or punishment, or
              d a risk to their lives.

Under the Act, people who are war criminals, terrorists or serious criminals are not entitled to Canada’s protection and are not defined as Convention refugees or people in need of protection.

 
WHO IS ELIGIBLE TO MAKE A CLAIM?

Anyone may claim refugee protection at a port of entry or in Canada. refugee protection claimants must present themselves to an immigration officer for an examination. They are asked to complete an application form and they have their picture and fingerprints taken. Refugee protection claimants are issued removal orders that do not come into force unless their claim is refused

 

Eligible claims are referred to the RPD for a refugee hearing. If an immigration officer receives new information that makes a person ineligible to make a claim, the officer may reconsider the previous eligibility decision. If accepted, a person may apply for permanent residence within 180 days of the decision. Close relatives, whether in Canada or outside Canada, may be included in the application. People who apply for permanent resident status must submit identity documents.

 
Refugee Protection Detention Process


 

 

 

 

 

 

 

 

 

 

 

 

 

 

( * ) The Claimant or CIC may ask the Federal Court of Canada for leave (permission ) to apply for judicial review of any decision of the Refugee Protection Division.


Home Why CanadaServicesCED/Student FormsMedia/NewsCompany ProfileSite MapContact Use_Client FAQ / Help
Designed & Maintained By IOMG / Mehul Desai (S.D.)