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Refugee Status: Canada offers refugee protection to some people who fear persecution or who would be in danger if they had to leave. Some of the dangers they may face are:
- Torture; risk to their life; and risk of cruel and unusual treatment or punishment.
If you think you might face one of these risks if you return to your home country or the country where you normally live, you can apply for protection in Canada as a refugee.
A refugee is different from an immigrant. An immigrant is a person who decides to settle permanently in another country. Refugees are forced to flee.
- If you are outside of Canada, you may choose to resettle in Canada as a refugee or immigrate to Canada through one of these programs, Resettlement in Canada for Refugees https://www.canada.ca/en/immigration-refugees-citizenship/services/appl… or Immigrate to Canada through our programs.
- Safe Third Country Agreement: Canada has an agreement with the United States that people who wish to file an asylum claim must do so in the first safe country they arrive in. This means that if you enter Canada from the United States through a land port of entry, you cannot file an asylum claim in Canada. In some cases, this rule does not apply (for example, if you have family in Canada).
Not everyone can apply for asylum. For example, people who have been convicted of serious crimes or who have had their asylum claim previously denied by Canada cannot apply for asylum.
More information of Refugee Status Immigration Commission Canada, here.
If you file a refugee claim, the government will decide whether it can be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent tribunal that makes decisions on immigration and refugee matters.
Your refugee claim may not be able to be referred to the IRB if you:
- You have been recognized as a refugee under the Convention by another country to which you may return you were granted protected person status in Canada.
- You have arrived across the Canada-U.S. border.
- You have made a refugee claim in another country, confirmed by exchange of information.
- You are inadmissible to Canada for security reasons or because of criminal activity or human rights violations.
- You have filed a previous refugee claim that has not been accepted.
- You have filed a refugee claim that has been rejected by the IRB abandoned or withdrawn a previous refugee claim.
Refugee claim:
You must be in Canada to file your asylum claim. You can file your application in two ways:
1) In person (when you arrive in Canada at a port of entry): Make your claim when you arrive in Canada.
- You can make a refugee protection claim at any port of entry when you arrive in Canada. This means an airport, seaport or land border.
- A border services officer will ask you to fill out the necessary application forms when you arrive. Normally, you will fill out the forms at the port of entry.
- At the port of entry, the officer will also ask you questions about your status.
- He or she will collect your documentation and proof of identity.
- He or she will take your fingerprints and a photo (biometric data).
- If the officer decides that your refugee claim is admissible, the officer will give you a Refugee Protection Claimant Document (RPCD), which will help you access the Interim Federal Health Program and other services in Canada.
- A referral confirmation letter, which confirms that your claim has been referred to the Immigration and Refugee Board of Canada (IRB).
- An application form.
- Instructions for the medical examination.
- You have 15 calendar days to complete the application form and submit it to the IRB Refugee Protection Division office listed on the referral confirmation letter.
- If the officer tells you to return for an interview the officer will give you an information booklet, a letter of acknowledgement of application (which will help you access the Interim Federal Health Program and other services in Canada), instructions on how to complete the medical examination and you may have to return to the port of entry or go to an interior office for your interview.
- The officer may also direct you to file your refugee claim online. If you are told to complete your application online, the officer will give you instructions. To complete your application, you will need the application number from the letter acknowledging receipt of the application and the interview location given to you by the officer.
2) Online (once you are already in Canada):
- Obtain an invitation code: If you are using the IRCC portal for the first time, you will need an invitation code to create an account. You will be asked for your email address and will be sent a code that you can use to register.
- Register for an account on the portal.
- After we send you your invitation code, use it to create your portal account.
- Before, follow the instructions: read the IMM 0174 guide, here.
More details here.
The information you provide in your application will help to understand your background, your family, why you want to file a refugee claim.
3) After the interview:
- If the outcome is negative, an order will be issued for you to leave the country (before doing so, you will be eligible for a risk assessment program).
- If the process is positive, you will receive a full assessment of your needs and language proficiency, assistance in finding employment, and guidance in settling and integrating into your new community.
While waiting for the hearing, you can access social services, education, health, emergency housing and legal assistance. In addition, after passing the medical checkup, you can apply for a work permit. Remember that you can apply for the work permit as soon as you make your refugee claim, in person or digitally.
More information aquí.
Portal to start the digital refugee application, here.
Canada Migration
107-2727 Saint-Patrick St, Montreal, QC H3K 0A8, Canada.