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Refugee Applications

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What is a refugee? By definition, it is someone who is seeking human rights protection in Canada  because their home country is unable or unwilling to provide the same protection. 

It is covered under section 96 and 97 of the Immigration and Refugee Protection Act, which states:

Convention refugee
96. A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
  • (a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
  • (b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
97. (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
  • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
  • (b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
    • (i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.

In other words, you are looking for Canada's protection because in your home country, you are being persecuted because of your race, religion, nationality, membership in a particular social group, or political opinion.

For example, if your home country is strictly of one religion, strictly prohibiting the practicing of another religion, you may be qualified as a refugee if you practice a prohibited religion. Individuals who are facing persecution may have very different  experiences from each other, and should not be seen as only limited to the example above.  

Currently, the refugee process has very tight timelines. From the time of filing your application, a hearing will take 60 days to finish. Submitting your narrative and your Basis of Claim (BOC) documents is also time limited depending on where you file the claim (e.g. at the port of entry or within Canada).   

Unsure if you qualify? Book an appointment today to find out.

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Useful For:

  1. Those who are afraid of going back to their home country.