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Refugee

Permanent resident for refugees and persons in need of protection

Minimum requirements

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

Decision Criteria
Convention refugee

well-founded fear of persecution

Agent of harm
Agent of harm
State or non-state agent
Risk
Risk
Sustained or systemic violation of fundamental rights
Persecution, not discrimination or prosecution
Reason for harm
Reason for harm
Race, religion, nationality, political opinion or particular social group
Person in need of protection

danger of torture

Agent of harm
Agent of harm
Inflicted by, or at the instigation or consent of a public official or another individual acting in an official capacity
Risk
Risk
Intentional infliction of severe physical or mental pain, except when incidental to lawful sanctions
Reason for harm
Reason for harm
Obtain information or confession, punishment, intimidation, coercion, or any reason based on discrimination
Person in need of protection

risk to life, cruel or unusual punishment

Agent of harm
Agent of harm
State or non-state agent
Risk
Risk
Personal in nature, serious threat to life, not generally faced by others, unrelated to the ability to provide adequate medical care and lawful sanctions, unless imposed in disregard of accepted international standards
Reason for harm
Reason for harm
No prescribed factors or purpose
General requirements
Residential area
Residential area
Outside of home countries of nationality or habitual residence (if stateless)
Identity
Identity
Can be identified through acceptable documents or proof of efforts to obtain such documents
Fear
Fear
Objectively well-founded and likely to have a direct and personal impact on the claimant
Risk
Risk
Personal in nature, with a high likelihood or reasonable chance of occurring in the future
Relocation Potential
Relocation Potential
Neither possible under any circumstances nor objectively reasonable
State protection
State protection
No adequate state protection available
Cessation

Instances where the Government of Canada will cease refugee protection

Re-availed to home country
Re-availed to home country
Return to home country or reinstate previous nationality while seeking for protection
Another refugee claim
Another refugee claim
Have pending refugee claim in a country other than Canada
Country Conditions Change
Country Conditions Change
Living conditions in the home country have changed, reducing the likelihood of persecution

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.

Application process

Summary of the refugee claim review process

Successful decision
Detention
Stage 1

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)
Stage 2

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
Stage 3

Complete the claim, proving identity, evidence, living conditions, and providing witness information.

Temporary Resident status
Stage 4

Refugee claimants may apply for study or work permits while awaiting the decision. These activities cannot be used for immigration.

Decision
Stage 5

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
Stage 6

Application approved, the refugee gets Permanent Resident status after confirming on IRCC Portal.
Confirmation valid within 12 months

Unsuccessful decision
Negative outcomes
Stage 1

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
Stage 2

The refugee claimant submits an appeal or responds to the Ministry to the Refugee Appeal Division (RAD) of the IRB.

Final decision
Stage 3

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.

Success factors

Elements impacting asylum request determinations

Settlement fund
Age
Risk
French
Canadian work experience
Education
Agents
Reason for harm
Admissible
Country Conditions
Occupation in Canada
Identity
Community referral letter
Farm experience
Job offer
State protection
Business proposal
Internal Flight Alternative
Education in Canada
Risk

Entitlement

The candidate's benefits when participating in the program and becoming a permanent resident$

Family-friendly
Family-friendly

The refugee claim includes the applicant's spouse and children

Work and study
Work and study

Ability to work while awaiting the decision

Medical
Medical

Access to high-quality modern public health care as same as Canadian

Education
Education

Ability to study while awaiting the decision

Benefits
Benefits

Access to social benefits as same as Canadian

Mobility right
Mobility right

Live and work anywhere under Permanent Resident status

Sponsorship
Sponsorship

Ability to sponsor relatives if the conditions are met

Naturalization
Naturalization

Ability to obtain citizenship if residency conditions are met

Specific requirements

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