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Refugee Program in Canada

Canada is among the popular countries for immigration, and many individuals strive to meet the requirements for permanent residency in this country. In this regard, there are many questions regarding immigration programs, migration pathways, eligibility criteria, and more. One of the main ways to migrate to Canada is through the refugee program. Stay with us until the end of this article to learn about the conditions for seeking asylum in Canada.

In general, it should be noted that Canada accepts an applicant as a refugee when they present compelling reasons to a Canadian court, such as fear of torture, persecution based on religious, ethnic, or political beliefs, and the potential harm they may face if returned to their country. If the reasons presented by the applicant are not accepted by the Canadian court, the individual will be returned to their home country.

Refugee Program for Asylum Seekers in Canada

The acceptance of applicants for asylum in Canada is facilitated through the United Nations High Commissioner for Refugees (UNHCR) and other supporting private organizations and groups. The Immigration, Refugees and Citizenship Canada (IRCC) selects eligible refugees through partnerships with UNHCR and other entities.

United Nations High Commissioner for Refugees (UNHCR):

The UNHCR and other organizations involved in identifying asylum seekers worldwide refer individuals of interest to the Chief of the Canadian Immigration and Citizenship Department during meetings.

Referring Organizations:

The UNHCR, along with other organizations involved in identifying asylum seekers worldwide, refers individuals of interest to the Chief of the Canadian Immigration and Citizenship Department during meetings.

Private Sponsorship Groups:

These groups are responsible for supporting and providing housing for asylum seekers. Individuals eligible for assistance from these groups must be at least 18 years old. These groups provide assistance in housing, clothing, and food for a period of one year from the date of entry or until the individual becomes financially self-sufficient. In special circumstances, this support can be extended for up to 36 months. The decision on whether an applicant is eligible for support from private sponsorship groups is determined by the Canadian embassies in the countries of origin, which review the applications and issue their opinions.

Eligible Individuals for Canadian Asylum:

Convention Refugee Applicants Outside of Canada: 

Applicants who qualify as Convention refugees, meaning they are outside of their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and are unable or unwilling to return.

  • Individuals who are outside of Canada.
  • Applicants seeking residence in Canada.
  • Individuals who, besides the inability to return to their home country, are unable to avail themselves of the protection of that country.
  • Individuals who do not have an alternative offer of settlement other than Canada.
  • Individuals who are specially designated or supported financially by the government and are able to meet their financial needs and those of their family.

Convention Refugee Applicants Outside of Canada:
Applicants who are citizens or residents abroad and are seriously and continuously affected by internal strife or armed conflict and other gross human rights violations. These individuals typically cannot find a durable solution within a specific timeframe. Also, individuals who are specially able to financially support themselves and their families.

Source Country Applicants

  • Individuals who reside in one of the defined Source countries.
  • Individuals who are citizens or permanent residents in their home country.
  • Applicants who are seriously and continuously affected by internal strife or armed conflict and other gross human rights violations.
  • Individuals who lack freedom of expression.
  • Individuals detained due to religious differences or involvement in commercial activities.
  • Individuals subjected to persecution based on race, religion, politics, and other similar circumstances.
  • Individuals who typically cannot find a durable solution within a specific timeframe.
  • Individuals who are specially designated or supported financially by the government and are able to meet their financial needs and those of their family.

In-Country Refugee Protection Program in Canada:

Canada provides asylum to individuals who have a fear of returning to their home country. This request for asylum may be made upon entry to Canada, at the Canadian Immigration and Citizenship (CIC) office, or within Canada. If an immigration officer declares someone eligible for immigration, the case is referred to the Immigration and Refugee Board (IRB) to determine whether the applicant qualifies as a Convention Refugee or a member of the Protected Persons in Canada category. An applicant in the Convention category is someone who is outside their home country and unable to return due to a well-founded fear of persecution based on race, religion, or political beliefs.

From Canada’s perspective, a person in need of protection is someone who would face torture or risk to their life if returned to their home country or country of residence. On the other hand, a protected person can be categorized as either a Convention Refugee or a person in need of protection.

However, the following individuals are not referred to the IRB:

  • If the person is recognized as a Convention refugee by another country.
  • If the person has previously been recognized as a protected person.
  • If the person directly or indirectly arrived in Canada from a country that is designated as a safe third country for refugees and immigration matters.
  • If the person is inadmissible due to security, human rights, violence, or criminal reasons.
  • If the person’s refugee claim has been rejected by the IRB in the past.
  • If the person previously made an in-Canada refugee claim but did not meet the IRB criteria.
  • If the person has abandoned or withdrawn from their previous refugee claim.

The Decision-Making Process for Asylum in Canada:

Refugee Protection and Immigration Board:

Initially, all applicants’ requests are assessed, and if deemed eligible, they are referred to the Immigration and Refugee Board (IRB). The Refugee Protection Division (RPD), a committee within the IRB, conducts hearings and listens to the claims. The RPD consists of experts in refugee laws and has a good understanding of events and conditions in other countries.

Hearings:

Another division called RPD is responsible for determining whether the applicant qualifies as a protected person through a hearing process. Typically, a UNHCR observer is present during the process. Canada provides accommodation and protection to applicants even if their cases are still pending. Ultimately, the RPD considers all the evidence to ensure all information is available for the final decision.

All refugee applicants in Canada have the right to have a representative or counsel. Generally, applicants can designate someone, such as a lawyer, friend, or relative, to represent them in court. If the IRB determines that a claim is not eligible, the reasons for rejecting the case are provided along with the final decision. The announcement may include documentation on the lack of success in obtaining refugee status and an exit notice. If an applicant’s refugee claim is rejected, they have 30 days to leave Canada and 15 days to submit their file to the Federal Court.

As Canada claims to protect individuals who would face danger and torture if deported, those whose refugee claims have been rejected can apply for a Pre-Removal Risk Assessment (PRRA) by approaching the Canadian Immigration and Citizenship office. A PRRA officer assesses the risks of deportation, and if the person qualifies, the removal order is suspended. However, if the 15-day deadline passes without CIC receiving the request or if the request is rejected, and the person decides not to stay, the removal order will be enforced. It is recommended that PRRA applicants include a letter explaining their inability to leave Canada with their application.

Generally, the PRRA officer assesses the applicant’s circumstances based on the Geneva Convention and considers factors such as the risk of persecution, torture, and danger to life. However, there are individuals who are generally ineligible to apply for PRRA, such as those who committed a crime, do not meet IRB criteria, returned to Canada within less than 6 months of departure, previously recognized as a protected person, or have the possibility of returning to their home country.

Frequently Asked Questions and Answers:

The UNHCR is responsible for guiding and coordinating the international legal framework to protect refugees and address their challenges worldwide, with the primary goal of safeguarding the rights and well-being of refugees. The identification of asylum seekers for resettlement in Canada is part of the UNHCR’s responsibilities. To be eligible for resettlement, refugees should not have any other long-term solutions for replacing the process of obtaining asylum in Canada. It is worth mentioning that refugees undergo medical examinations and security checks as part of the process.

Refugee sponsorship through government assistance refers to the provision of initial settlement support for refugees by the Government of Canada or the Province of Quebec. These refugees are typically part of the Convention Refugees Abroad and Source Country categories. They have often fled their home countries due to unimaginable hardships and have endured years of forced displacement living in refugee camps. Many of these refugees have been victims of torture and psychological trauma, and the population includes a significant number of women and children at risk.

The Government-Assisted Refugee (GAR) Program, also known as the Resettlement Assistance Program (RAP), aims to provide essential and financial support to refugees. This assistance includes services such as airport reception, temporary accommodation, assistance in finding permanent housing, local registration procedures, and non-financial services like communication, transportation, education, information dissemination, Canadian laws, customs, weather, and financial matters such as budgeting, banking, and credit cards.

Support for refugees is provided through the RAP (Resettlement Assistance Program) in terms of employment and income generation. This support is specifically targeted towards individuals who are eligible for government-assisted housing programs and do not have the necessary financial resources. In this program, initial assistance is provided to the individual or family, followed by monthly payments to support their ongoing needs.

For government-assisted refugees, the RAP services do not differ among provinces. However, the monthly financial assistance provided through RAP, which is administered by the provinces, may vary between provinces. For example, in Ontario, an individual may receive a monthly payment of $580 to cover essential needs such as housing, transportation, and food.

The provision of initial settlement funds covers basic needs, including household essentials such as bedding, furniture (e.g., bed, table, chairs), blankets, basic window coverings, and common household items like kitchen utensils, pots, pans, and a vacuum cleaner.

If someone invites their parents or grandparents to Canada, in addition to providing bank statements, employment letters indicating income and employment history, they need to provide supporting documents demonstrating their financial support for the invited individuals during their stay and documents showing the minimum income of the sponsor in Canada. Depending on the visa officer’s discretion, additional documents may be required alongside the aforementioned documents, such as a statement of purpose for traveling to Canada, evidence of economic and political stability in the country of origin, a strong connection between the applicant and the home country, and compelling reasons for returning to the home country. For a child or grandchild of the applicant, a minimum income requirement should be met using the Low-Income Cut-Off (LICO) table for financial evaluation.