Refugee Claim

Expert Refugee Claim Assistance

Find Safety and Opportunity in Canada

Offering compassionate and expert support, we assist individuals seeking asylum in Canada with their refugee claims, ensuring proper documentation and representation.

What is a Refugee Claim?

A refugee claim is a request for protection made by individuals seeking asylum in Canada because they fear persecution, torture, risk to life, or cruel and unusual treatment or punishment in their home country. If successful, claimants can obtain refugee status and become eligible for permanent residence. 

How does the Refugee Claim process work?

Claim Submission: Refugee claims can be made at a port of entry or an inland office.
Eligibility Determination: The Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) assesses if the claim is eligible.
Hearing: Eligible claims are referred to the Immigration and Refugee Board (IRB) for a hearing.
Decision: The IRB decides if the claimant is a Convention refugee or a person in need of protection. Key Stages of the Refugee Claim Process
Making the Claim: Refugee claims can be made at the border, airport, or an inland office. A Basis of Claim (BOC) form must be submitted within 15 days.
Eligibility Check: Officials assess if the claim is eligible based on criteria such as whether the claimant has already been granted refugee protection by another country.
Hearing Preparation: Claimants must prepare for their hearing at the IRB, gathering evidence and possibly seeking legal representation.
Hearing: The IRB hearing allows claimants to present their case. The decision is usually made within a few months.
Decision and Next Steps: If the claim is accepted, the claimant can apply for permanent residence. If rejected, there may be options for appeal or judicial review.
Processing Time: The timeline can vary. Initial eligibility determinations are typically made quickly, but hearings can take several months to over a year depending on the case backlog and complexity. .

Costs

There is no fee for submitting a refugee claim. However, claimants might incur costs for legal representation, medical examinations, and document translation. 

Hiring a Lawyer

While not mandatory, hiring a lawyer or a licensed immigration consultant is highly recommended to navigate the complex process and improve the chances of a successful claim. 

Work and Study Permits

Refugee claimants may be eligible for work and study permits while awaiting a decision on their claim. 

Pros and Cons

Pros:

Provides protection and a chance for a new life in Canada.
Access to work, education, and healthcare services.

Cons:

The process can be lengthy and stressful.
No guaranteed outcome; rejected claims may lead to deportation.

Appeals and Reviews

If a claim is rejected, claimants may appeal to the Refugee Appeal Division (RAD) of the IRB or seek judicial review by the Federal Court. Certain claimants may also apply for a Pre-Removal Risk Assessment (PRRA). 

Humanitarian and Compassionate (H&C) Considerations

If a claim is not eligible or rejected, individuals may apply for permanent residence based on H&C grounds, highlighting factors like establishment in Canada, family ties, and best interests of children. 

Temporary Residence Permits

In exceptional cases, claimants may be granted temporary residence permits allowing them to stay in Canada temporarily while their case is reviewed or if they face significant risks. 

Detention and Release

Some claimants may be detained for security reasons or if their identity cannot be confirmed. They have the right to a detention review by the IRB.

Family Inclusion

Refugee claimants can include immediate family members (spouse and dependent children) in their claim. If separated, family reunification may be possible later. 

Eligibility

To be eligible, claimants must demonstrate a well-founded fear of persecution or risk of harm in their home country. Some exclusions apply, such as those with serious criminal records or who have already been granted protection elsewhere.

Rights and Responsibilities

Refugee claimants have rights to legal representation, interpreters, and a fair hearing. They must comply with Canada’s laws and cooperate with immigration authorities throughout the process. 

Settlement Support

Upon acceptance, refugees receive support from various organizations for settlement, including housing, language training, and employment assistance

Frequently Asked Queations

You can make a refugee claim in Canada if you fear persecution, risk of torture, or face life-threatening situations in your home country due to reasons like race, religion, nationality, political opinion, or membership in a particular social group. You must be physically present in Canada to make a claim.

You can make a refugee claim at any port of entry (such as an airport, seaport, or border crossing) or at an Immigration, Refugees, and Citizenship Canada (IRCC) office. An officer will review your eligibility to make a claim and, if eligible, refer your claim to the Immigration and Refugee Board of Canada (IRB) for a hearing.

After making a claim, an officer will determine if you are eligible to have your claim referred to the IRB. If referred, you will receive a Basis of Claim (BOC) form to complete and submit. The IRB will schedule a hearing where you will present your case. If the IRB accepts your claim, you may apply for permanent residency.

You will need to provide identification documents, travel documents, and any evidence supporting your claim of persecution or risk. This can include personal statements, witness statements, police reports, medical records, and any other relevant documents.

Yes, you can apply for a work permit or study permit while your refugee claim is being processed. You will need to demonstrate that you are unable to financially support yourself without working.

Have you faced visa application rejections?

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