Refugee
Permanent resident for refugees and persons in need of protection
To succeed in a refugee claim in Canada, an individual must demonstrate a well-founded fear of persecution, be physically in Canada or at a Canadian border, and adhere to specific legal and procedural guidelines
well-founded fear of persecution
Agent of harm
Risk
Persecution, not discrimination or prosecution
Reason for harm
danger of torture
Agent of harm
Risk
Reason for harm
risk to life, cruel or unusual punishment
Agent of harm
Risk
Reason for harm
Residential area
Identity
Fear
Risk
Relocation Potential
State protection
Instances where the Government of Canada will cease refugee protection
Re-availed to home country
Another refugee claim
Country Conditions Change
The claimant may only claim refugee status at the border or within Canada if eligible
or being sponsored by the government, organization, or both while residing in a third country
Refugees cannot directly seek protection at embassies, consulates, or similar agencies.
Summary of the refugee claim review process
Detention
Border crossers are interviewed by the Canada Border Services Agency (CBSA) for security and identity assessment. If eligible, the refugee claim is referred to the Immigration and Refugee Board (IRB).
Basis of Claim (BOC)
Refugee claimants are referred to the IRB or those living in Canada submit the Basis of Claim to the IRB.Submit BOC within 15 days
Submitting Evidence
Complete the claim, proving identity, evidence, living conditions, and providing witness information.
Temporary Resident status
Refugee claimants may apply for study or work permits while awaiting the decision. These activities cannot be used for immigration.
Decision
A member of the Immigration and Refugee Board (IRB) accepts the claim, and the refugee may apply for PR status.IRCC reviews in 15 - 19 months
Get PR Status
Application approved, the refugee gets Permanent Resident status after confirming on IRCC Portal.Confirmation valid within 12 months
Negative outcomes
A member of the Immigration and Refugee Board (IRB) does not accept the refugee claim or the Ministry appeals IRB decisionSubmit Notice of Appeal
within 15 days
Appeal
The refugee claimant submits an appeal or responds to the Ministry to the Refugee Appeal Division (RAD) of the IRB.
Final decision
A member of the Immigration and Refugee Board (IRB) makes the final decision based on the submission provided. The claimant is eligible for refugee status or is deported.
Elements impacting asylum request determinations
The candidate's benefits when participating in the program and becoming a permanent resident$
Family-friendly
The refugee claim includes the applicant's spouse and children
Work and study
Ability to work while awaiting the decision
Medical
Access to high-quality modern public health care as same as Canadian
Education
Ability to study while awaiting the decision
Benefits
Access to social benefits as same as Canadian
Mobility right
Live and work anywhere under Permanent Resident status
Sponsorship
Ability to sponsor relatives if the conditions are met
Naturalization
Ability to obtain citizenship if residency conditions are met
Immigration Ineligibility
- Ability to reside in another country or give up the right to reside in another country willingly
- Committed war crimes, crimes against humanity, or crimes against peace
- National security reasons: espionage, subversion of government, violence or terrorism, or membership of related organizations
- Violations of human rights or international law such as war crimes, crimes against humanity, or being a prescribed senior official of a government that engages or has engaged in these activities
- Have committed a crime, including impaired driving
- Membership in criminal organizations for activities such as human trafficking or money laundering
- Have been accepted as a Refugee
- Have been refused for reasons including ineligibility, lack of credible basis, withdrawal, or abandonment of the previous refugee claim
- Are under removal order
- File the refugee claim at US Border without ties to Canada (relatives in Canada, minor children, legal status in Canada, or Public interest exceptions)
Basic requirements
Prove through documents and National Documentation Packages relevant to the current situation in the country of residence, including all of the following factors:
- Identification through documents, or proof of effort to obtain identity documents
- Residing outside of home country of nationality or habitual residence (if stateless)
- Objectively well-founded fear that is likely to affect the claimant personally
- Direct risk to claimant or high likelihood of future occurrence
- Relocation or change of residence are not feasible or reasonable
- Unable or cannot receive reasonable protection from local authorities
Convention refugee
- Belong to a race, religion, nationality, particular social group, or political opinion, and
- Face the possibility of continuous or systematic abuse of basic rights, or
- Face the possibility of persecution without prosecution
Person in need of protection
- Face the possibility of physical or mental pain, except for lawful punishment measures from the government or equivalent authority to collect confessions for punishment, threats, coercion, or any other reason for discrimination, or
- Face a threat to life, personal in nature, not common to others, unrelated to the ability to provide medical care and sanctions, unless contrary to accepted international standards
Sponsoring a refugee
- Refugee under the convention recognized by the United Nations High Commissioner for Refugees (UNHCR) living outside their home country and Canada, and the situation in the home country has not changed
- Not previously denied refugee sponsorship, unless there are changes in Canadian immigration law or other changes
- Face a threat to life, personal in nature, not common to others, unrelated to the ability to provide medical care and sanctions, unless
- contrary to accepted international standards
The sponsor
Volunteer groups sponsoring eligible refugees abroad within 1 year, supporting living stabilization costs such as furniture, clothing, monthly consumption costs for basic necessities such as housing, food, and public transportation, as well as social and emotional support.
The sponsor must be a member of the following groups to be able to sponsor a refugee:
- Sponsor with an agreement (SAH), signed an agreement with the Canadian government to assist refugees when they arrive in Canada
- Constituent Group (CG) is a small group authorized by SAH to sponsor refugees under SAH's agreement
- Co-Sponsors: Entities or individuals collaborating with Sponsorship Agreement Holders (SAH) or Community Sponsors (CS) to facilitate the resettlement and stabilization of refugees
- Group of Five (G5): 5 permanent residents or Canadian, taking responsibility for supporting refugees' settlement
- Community Sponsorship Organization (CS): An organization, association, or business sponsoring refugees
Sponsoring Obligations
- Blended Visa Office-Referred (BVOR) and Joint Assistance Sponsorship (JAS) Programs: Combined government and private support, not including Group of 5
- Blended Visa Office-Referred (BVOR) combines financial support of 6 months from private sponsors and 6 months from Government of Canada
- oint Assistance Sponsorship (JAS) Program: Support for refugees with special needs (injury due to violence/abuse, medical disability, persecution, discrimination) for 24-36 months
Cessation or vacation of the protection
- Misrepresentation or concealment of material facts in refugee application
- Re-availment of former citizenship (passport) after applying for refugee
- Including claimants who have a pending Permanent Resident application or possess Permanent Resident Status
- No loss of Permanent Resident Status if country conditions change
