Refugees are individuals who have fled their home countries due to a well-founded fear of persecution. Canada, as a compassionate nation, provides protection to those in need through a fair and robust refugee system. This blog will explain who qualifies as a refugee under Canadian law and how to make a refugee claim in Canada.
Who is a Refugee?
Under Canadian law, based on the 1951 Refugee Convention, a refugee is someone who:
- Is Outside Their Home Country
- Refugees have left their home country or habitual residence because they cannot return safely.
- Has a Well-Founded Fear of Persecution
- This fear must be based on one or more of the following:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group (e.g., gender, sexual orientation).
- This fear must be based on one or more of the following:
- Cannot or Will Not Return Home
- Due to their fear of persecution, refugees are unable or unwilling to return to their country of origin.
How to Claim Refugee Status in Canada
Canada offers two main pathways for individuals seeking refugee protection:
1. Refugee Resettlement from Outside Canada
If you are outside Canada, you can apply as a refugee through resettlement programs. You must meet one of the following criteria:
- Be a Convention Refugee Abroad: A person facing persecution in their home country.
- Be part of the Country of Asylum Class: A person seriously affected by war, armed conflict, or massive human rights violations.
Resettlement applications require a referral from:
- The United Nations Refugee Agency (UNHCR),
- A private sponsorship group, or
- A designated referral organization.
Canada prioritizes resettlement for individuals who have no other durable solution, such as safely resettling in another country.
2. Refugee Claims from Inside Canada
If you are already in Canada, you can claim refugee protection at:
- A port of entry (e.g., airport, land border), or
- An Immigration, Refugees, and Citizenship Canada (IRCC) office.
Eligibility to Claim Refugee Protection in Canada
You may be eligible if you:
- Have a well-founded fear of persecution in your home country.
- Face risks of torture, cruel treatment, or death if returned.
Ineligibility to Claim Refugee Protection
You cannot claim refugee protection in Canada if:
- You have already made a failed refugee claim in Canada.
- You are inadmissible due to criminality or security risks.
- You have refugee status in another country where you can live safely.
The Safe Third Country Agreement (STCA)
Under the Safe Third Country Agreement, individuals arriving at an official land border crossing between Canada and the U.S. are typically ineligible to claim refugee status in Canada. This rule requires individuals to seek asylum in the first safe country they enter.
Exceptions to the STCA
You may still make a refugee claim if:
- You have family members in Canada.
- You are an unaccompanied minor.
- You hold a valid Canadian visa or other authorization.
- Your case qualifies under humanitarian exceptions.
Final Thoughts
Canada’s refugee protection system is rooted in compassion and fairness, providing safety to those fleeing persecution. Whether you are seeking resettlement from abroad or making a claim from within Canada, understanding the process is the first step to finding protection.
If you need professional guidance, contact Soleimani Immigration for expert assistance in navigating Canada’s refugee system.