How does Canada's Refugee system operate?
The term "refugee" refers to someone who has fled from their own country due to the risk of serious human rights violations and persecution. They are unable to return and are in need of protection.
The Canadian government offers two refugee protection programs to help meet this need:
- The In-Canada Asylum Program provides assistance to people seeking refugee protection within Canada
- Program for Refugees and Humanitarian Resettlement - for people in need of protection abroad
Program for In-Canada Asylum
The Immigration and Refugee Board of Canada (IRB) can process refugee claims from individuals arriving at a Canadian point of entry or who are already in Canada. An independent administrative tribunal determines whether the applicant qualifies for asylum.
The IRB will review a case and make a decision according to two categories of protection.
- The Convention Refugee has a well-founded fear of persecution because of his or her race, religion, nationality, membership of a particular social group or political opinions; he or she is outside of the country of their nationality and cannot or will not return.
- When a person is in need of protection, they are in danger of torture, danger to their lives, or risk of cruel or unusual treatment or punishment if they return home.
The Canada-US Safe Country Agreement usually prevents people seeking entry to Canada from the United States from claiming asylum.
IRBs have the authority to grant "protected person" status to individuals who meet the criteria of any of these categories. Individuals in these categories can then apply for permanent residence. Should the case be rejected, they may be able to appeal to the Refugee Appeal Division (RAD).
The Refugee and Humanitarian Resettlement Program
The Refugee Resettlement Program provides protection to refugees who are outside of Canada and their countries of origin.
An individual must be referred, either by the United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group. A refugee status document will be required.
The resettlement of refugees in Canada is carried out by a variety of resettlement programs, including the Government-Assisted Refugees (GAR) Program and the Private Sponsorship of Refugees (PSR). These programs differ in the amount of financial and non-financial support provided by the Government of Canada and private sponsors.
Our immigration specialists at IMMIGRAM Immigration will examine the circumstances surrounding your visa application in order to determine the most effective approach and strategy which will be most effective.