Understanding Refugee Protection in Canada
You may be given refugee protection if you meet the definition of a Convention Refugee or if you are a Person in Need of Protection.
Asking for refugee protection in Canada is called making a refugee claim. According to UNHCR, a refugee is someone who has been forced to flee they country because of persecution, war or violence. Most likely, they cannot return home or are afraid to do so. War, ethnic, tribal and religious violence are leading causes of refugees fleeing their countries.
The Canadian government will decide if you can make a claim, and you must show you are a Convention Refugee or a Person in Need of Protection.
Who is an Asylum seeker? Is the word used in the world to describe a person who lives their country to find refugee protection in another country. In Canada, the term refugee claimant is used instead.
You can make a refugee claim as soon as you arrive in Canada at a port of entry. When you make your refugee claim, you will speak with a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship (IRCC) Canada officer. They will decide if you are allowed to make a refugee claim, and they will send your claim to the Refugee Protection Division (RPD). The RPD will make a decision on your claim in the near future.
- If you are inside Canada, complete and submit your online application on the IRCC portal.
- Remember you will have a hearing about your claim before RPD. At your hearing, a person from the IRB-RPD, listens to your story and what your witnesses say. They look at your BOC Form, notes from IRCC or CBSA, and anything else that you gave them.
Who May Be A Convention Refugee?
- If you are a Convention refugee, it means you fear returning to your country because you will be harmed for one of these reasons:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group (e.g., LGBTQ+, gender-based claims)
Are Person in Need of Protection
If you are a person in need of protection, it means you would be in danger in your country. This could be because you fear:
Torture
Death or cruel and unusual treatment or punishment
The Safe Third Country Agreement (STCA)
If you enter Canada from the USA, the (STCA) rules that refugee claimants must seek protection in the first safe country they reach — either Canada or the United States — unless they fall under a specific exception outlined in the Agreement.
This bilateral mechanism supports a coordinated, rules-based asylum process, ensuring that refugee claims are managed efficiently while upholding the integrity of both nations’ immigration and humanitarian frameworks.
If you are currently in the United States and wish to explore legal immigration options to Canada, our firm can provide professional guidance and Case Evaluation to determine your eligibility.
How can we help?
Our experienced Regulated Canadian Immigration and Citizenship Consultant (RCIC-IRB), Alejandro Gonzalez, will provide:
- Initial Case Assessment and Personal Narrative: Preparation highlighting the risks and challenges you face if you return to your home country.
- Evidence Collection: By helping you to gather supporting documents.
- Alejandro has plenty of experience, as himself was an asylum seeker in the United States.
- Document Filing: We prepare and file all necessary paperwork with the IRB, ensuring deadlines are met and forms are accurate.
- Check the Public Register to verify Alejandro’s status as a licensee of the College (CICC) click on the following link: The College of Immigration and Citizenship Consultants of Canada
