Introduction to Refugees and Their Types
A refugee is someone forced to leave their home country due to a well-founded fear of persecution or harm. This persecution may stem from reasons such as race, religion, nationality, political opinion, or membership in a specific social group. Recognized under international law, refugees are people who cannot return safely to their country of origin and seek protection in a different nation. The 1951 United Nations Refugee Convention, along with its 1967 Protocol, defines the rights of refugees and the obligations of the countries that offer them asylum.
Convention Refugees: These are individuals who meet the definition outlined in the 1951 UN Refugee Convention. They have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group. Canada uses this definition to assess eligibility.
Persons in Need of Protection: In Canada, a person who may not strictly meet the criteria of a “refugee” but still faces severe risks upon return to their home country (e.g., torture, risk to life) may qualify as a person in need of protection.
Internally Displaced Persons (IDPs): Unlike refugees, IDPs have not crossed an international border but are forced to flee their homes due to conflict, persecution, or natural disaster. They remain under the jurisdiction of their country, lacking the same international protections as refugees.
Types of Refugee's In Canada
Cost
Canada does not charge any government fees for refugee claims. However, claimants may need to cover lawyer or representative fees to help with case preparation and presentation.
Pathvisas’s role: Our consultancy offers transparent pricing for professional assistance, helping clients understand expected costs upfront and supporting them through each step to avoid costly mistakes.
Canada does not charge any government fees for refugee claims. However, claimants may need to cover lawyer or representative fees to help with case preparation and presentation.
Pathvisas's role: Our consultancy offers transparent pricing for professional assistance, helping clients understand expected costs upfront and supporting them through each step to avoid costly mistakes.
In Case of Approval
Claimants should be aware of restrictions:
• No Travel to Home Country: Approved claimants, now protected persons, are not permitted to travel back to the country from which they sought refuge. Doing so may jeopardize their status in Canada.
• Limited International Travel: International travel may be restricted until claimants obtain permanent residency, and even then, they should exercise caution.
Restrictions
Time to get decision
Processing times for refugee claims vary but generally range from 18 to 24 months due to high demand. Claims are first reviewed by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB), which will schedule a hearing to evaluate the case. Delays may occur due to caseload volume, complexity, and applicant circumstances.
Who is eligible
To qualify as a refugee in Canada, applicants must demonstrate a well-founded fear of persecution in their home country due to factors like race, religion, nationality, political opinion, or membership in a particular social group. Claims can be made either at a Canadian port of entry (e.g., airports or border crossings) or from within Canada through Immigration, Refugees and Citizenship Canada (IRCC) offices. Those who have been denied asylum or have significant criminal records may not be eligible.
Benefits
While awaiting a decision, refugee claimants in Canada can access several benefits:
• Work Authorization: Upon application, claimants can receive a work permit to support themselves during the process.
• Healthcare: Coverage under the Interim Federal Health Program (IFHP) includes essential medical care.
• Education: School-age children of refugee claimants can attend public schools free of charge.
How Pathvisas Can Help
Eligibility Assessment: We assess your case to ensure eligibility and provide honest advice on your claim’s viability.
• Document Preparation: Our team assists in gathering and organizing essential documents to support your claim.
• Hearing Preparation: We prepare you for the hearing, conducting mock sessions and advising on how to present your case effectively.
• Appeal Support: If your claim is refused, we guide you through appeal options, including preparing submissions and representing you during appeals.
• Permanent Residency Assistance: Upon approval, we help you transition to permanent residency smoothly and guide you on integrating fully into Canadian society.
Pathvisas is dedicated to advocating for our clients and ensuring they understand every step of the refugee claim process, making their transition to a safer life as straightforward as possible.
Decision
Approval: Successful claimants are granted protected person status and may apply for permanent residence.
• Refusal: Unsuccessful claimants have 15 days to appeal to the Refugee Appeal Division (RAD), file for judicial review at the Federal Court, or seek a Pre-Removal Risk Assessment (PRRA) if there are new risks to consider
In Case of Refusal
If a claim is denied, several options remain:
• Appeal to the Refugee Appeal Division (RAD): Claimants can file an appeal with RAD within 15 days if eligible.
• Judicial Review: Unsuccessful RAD appeals can be reviewed by the Federal Court, which examines decision fairness.
• Pre-Removal Risk Assessment (PRRA): Before deportation, claimants can present new evidence showing a risk of return. In case of a positive PRRA, the applicant is granted stay protection, allowing for a permanent residence application under specific conditions.
Pathvisas’s role: We provide comprehensive support during the appeals process, helping clients submit documentation, represent them before the RAD, and seek every possible recourse to support their protection needs.
Step 1: Submission and Documentation (1-3 weeks)
At a Port of Entry: Refugee claims can be made upon arrival in Canada at a port of entry (airport, border, or seaport).
• Inland Claim: Claims can also be filed within Canada through an Immigration, Refugees, and Citizenship Canada (IRCC) office.
Step 2: Eligibility Review (up to 30 days)
• Canada Border Services Agency (CBSA) or IRCC will review the initial claim to confirm eligibility.
• If eligible, a hearing date is scheduled within 60 days.
Step 3: Preparation for the Hearing (up to 1 day)
• Claimants must submit essential documentation, including proof of identity, basis of their claim (evidence of risk), and any supporting documents.
• Timeline: It is recommended to submit supporting documents at least 20 days before the hearing.
Step 3: Refugee Hearing (1-2 years)
During the hearing, claimants present their case to an RPD member, who will make a decision based on the evidence provided