How to Apply for Refugee Claims For Canada

Dhanu Dhaliwal Law Group

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Canada is a thriving and progressive nation that welcomes refugees claims from most countries across the world. As a refugee claims lawyer for Canada, Uphar Dhaliwal has extensive experience navigating the intricate but effective Canadian refugee system to provide asylum for those who have been displaced by conflict. Her team of immigration lawyers advocate for the protection of those fleeing unjust and cruel situations.

Across the world, conflicts have led to millions of people being denied basic human rights such as shelter, education, employment, healthcare and other basic freedoms we take for granted in Canada.

According to the UNHCR, at the end of 2019 there were as many as 79.5 million individuals that have been forcibly displaced worldwide as a result of persecution, war, or human rights violations. 

Among them are nearly 26 million refugees, around half of whom are under the age of 18.

There are also millions of stateless people, who have been denied a nationality and lack access to basic rights such as education, health care, employment and freedom of movement.

If you are in Canada and you’re afraid to return to your country for fear of persecution or death, then you may be filled with anxiety that you may not be able to remain safely in Canada.

Fortunately, you may have legal options for your refugee status in Canada.  

If you are already in Canada, you may have the ability to claim Refugee protection here and have your claim adjudicated by a panel of the Immigration and Refugee Board, an independent tribunal.

Canadian Refugee Application Process: How to Apply

The Canadian refugee system has two main parts: the Refugee and Humanitarian Resettlement Program, for people who need protection from outside Canada and the In-Canada Asylum Program for people making refugee protection claims from within Canada.

To apply for refugee status from inside Canada, you need to submit a complete application. Your application will help Immigration Officer’s understand

  • your background
  • your family
  • why you want to make a refugee claim

How to start your refugee claim at a port of entry

You can apply for refugee status at any port of entry when you arrive in Canada. This means an airport, seaport or land border.

Immigration and border agents will give you the refugee application package when you arrive if you don’t already have it.

If the officer decides your refugee claim is eligible, they give you:

  • a Confirmation of Referral letter which confirms that your claim was referred to the IRB.
  • a Basis of Claim form where you will have 15 days to complete and submit to the Refugee Protection Division office shown on your Confirmation of Referral letter. 

What to Expect After You Start Your Refugee Claim

A claim for your refugee protection will be determined after a formal, quasi-judicial proceeding. 

All of the evidence that you have to support the reasons why you can’t go back to your home country will be considered at this proceeding. 

You’ll have the right to be represented by counsel, which we highly suggest because it increases your chances of refugee claim approval.

You’ll also have the right to call witnesses to testify on your behalf.

At the conclusion of your refugee hearing, a decision will be made about whether you will be granted protected status in Canada or not. 

If granted protected status, you may not be asked to leave Canada and return to the country in which you fear persecution, except in very limited circumstances. 

This protection may even grant you the legal right to apply for permanent residence status from within Canada and eventually become a Canadian Citizen!

In the event that your refugee claim is denied, you may have a right to appeal that refusal to the Refugee Appeal Division or to seek leave for judicial review against that refusal in the Federal Court of Canada.

In the unfortunate situation this were to happen to you, a refugee claims lawyer from Dhanu Dhaliwal Law Group can help you appeal.

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