Refugee

Overview

Canada offers refugee protection to individuals within its borders who face persecution in their home country or the country where they normally reside, or who would encounter persecution if they returned to that country.

Refugee claims can be made in Canada upon arrival by land, sea, or air. Additionally, refugee claims can be made outside of Canada if an individual is sponsored by the government or a private group.

The Immigration and Refugee Board (IRB) is responsible for adjudicating refugee claims and determining whether individuals qualify as Convention refugees or persons in need of protection.

• Convention Refugee: Individuals with a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group (e.g., women or individuals of a specific sexual orientation).

• Person in Need of Protection: Individuals facing risks such as torture, threats to life, or cruel and unusual treatment or punishment if they return to their home country.

Refugee Claims Within Canada

The Canada Border Services Agency (CBSA) assesses the eligibility of individuals to make refugee claims within Canada. If deemed ineligible, alternative options may be available.

Refugee Claims Outside of Canada

Individuals sponsored by the government or private groups to come to Canada are known as resettled refugees. They are granted permanent residency upon arrival in Canada. Resettled refugees fall into two classes:

• Convention Refugees Abroad Class

• Country of Asylum Class

Resettled refugees are often referred by the United Nations High Commissioner for Refugees (UNHCR) or sponsored by private groups.

Your Rights

Refugee claimants, Convention refugees, and persons in need of protection are entitled to certain rights and may access services such as healthcare, education, and settlement support.

In cases where a refugee claim is denied, individuals may have the option to appeal the decision. Seeking assistance from a community legal clinic or a settlement agency is advisable in such situations.

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