Refugee and Protected Person

People with a well-founded fear of persecution, as well as those at risk of torture or cruel and unusual treatment or punishment, may seek to be admitted to Canada as a refugee. Individuals may apply from outside Canada through the “refugee and Humanitarian resettlement program” or inside Canada through the “in Canada Refugee Protection Program”.

Refugee Protection from Outside of Canada

Since November 5, 2011, Citizenship and Immigration Canada (CIC) has not been accepting new applications for the Source Country Class.

People who are sponsored by the government or by a private group to come to Canada are called resettled refugees. People in this category are granted permanent residency when they arrive in Canada.

The 2 classes of resettled refugees are:

Also, some refugees apply for resettlement in Canada by contacting a local United Nations High Commissioner for Refugees (UNHCR) office or a Canadian Embassy, High Commission or Consulate.

Refugee Protection from within Canada:

The Refugee Protection Division (RPD) is the division of the Immigration and Refugee Board of Canada (IRB) that hears claims for refugee protection made in Canada.

  • To claim refugee protection, you must first notify a border services or immigration officer.
  • You will be required to fill out several CIC forms
  • You will be required to fill out a Basis of Claim Form
  • If your claim is referred to the RPD, you will be required to attend a hearing to explain your circumstances and tell your story.
  • You must always inform yourself of and respect your obligations in relation to the IRB.
  • The RPD member will decide whether or not you should be granted protected person status in Canada.

As a claimant, you will need to supply evidence and explain yourself in a way that demonstrates your story is true. If you are applying for refugee status, it is strongly recommended that you contact us.

Some aspects of your claim that the member may consider when making a decision include:

  • If you would be safe in a different part of your home country.
  • Your membership in a social group.
  • The conditions in the country you come from.
  • If you tried to get protection in your home country before coming to Canada.
  • The credibility of your story, for example, if the facts are consistent.
  • The likelihood you would experience harm if you returned to your home country.
  • Whether your fear of persecution is objective.

The member may tell you whether or not you have been successful at the end of the hearing or later, by mail.

For more information on Refugee Protection, contact us today!


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