Asylum is a form of protection granted to individuals who have fled their home country due to a well-founded fear of persecution. In Canada, people who face threats based on factors like race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum. Canada has a well-established process for refugees and asylum seekers to seek protection and be granted refugee status or permanent residence.

What is Asylum in Canada?

Asylum seekers are individuals who come to Canada and claim that they cannot safely return to their home country because they are at risk of persecution or harm. Once an individual makes an asylum claim, Canadian authorities will assess the claim to determine whether the individual qualifies for refugee status or other forms of protection under Canadian immigration laws.

Canada offers two main ways to apply for asylum:

1. Refugee Claim Made Inside Canada
2. Refugee Claim Made at a Port of Entry (e.g., airport, land border)

Eligibility Criteria for Asylum in Canada

To be eligible for asylum in Canada, applicants must meet specific criteria. Asylum seekers must demonstrate that they:

1. Have a well-founded fear of persecution: The applicant must show that they fear persecution in their home country due to at least one of the following grounds:
   • Race
   • Religion
   • Nationality
   • Membership in a particular social group (e.g., LGBTQ+ individuals, ethnic minorities)
   • Political opinion (e.g., individuals targeted for opposing government actions or policies)
2. Are unable or unwilling to seek protection from their government: The applicant must prove that the government in their home country cannot or will not provide protection. This could be due to a lack of effective protection from the government or the government’s involvement in the persecution.
3. Have not been involved in criminal activities or human rights violations: Applicants who are involved in war crimes, crimes against humanity, or other serious criminal activities are not eligible for asylum.
4. Have entered Canada legally: Although individuals who are in Canada illegally can also apply for asylum, those who attempt to cross the border irregularly may face restrictions under international agreements such as the Safe Third Country Agreement with the United States.

Types of Asylum Applications in Canada

There are different routes for applying for asylum in Canada based on where the claim is made:

1. Refugee Claim Made Inside Canada

• If you are already in Canada (whether as a tourist, student, worker, or through any other status) and you believe you are at risk of persecution, you can make a refugee claim.
• You will be required to fill out a Refugee Claim form and submit it to Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).
• After submitting your claim, you will receive an appointment for a refugee hearing with the Immigration and Refugee Board of Canada (IRB). The IRB will review your case and make a decision.
• If you are accepted, you will be granted refugee status and allowed to stay in Canada as a permanent resident.

2. Refugee Claim Made at a Port of Entry

• If you arrive at a port of entry (such as an airport or land border crossing) and fear for your safety, you can make an asylum claim directly at the port of entry.
• Canada Border Services Agency (CBSA) will assess your claim and direct you to the appropriate process. You may undergo a screening interview to assess whether you are eligible to make a claim.
• If your claim is accepted, you will then have to attend an immigration hearing with the IRB.

Asylum Process in Canada

The asylum process involves several key steps:

1. Making the Refugee Claim

• Asylum seekers must submit their refugee claim at a port of entry or within Canada. This can be done in person at an IRCC office, CBSA office, or through an official refugee claim form.
• The form typically includes personal information, details of the persecution the applicant is fleeing from, and evidence to support the claim (e.g., documents, testimonies, police reports, etc.).

2. Eligibility Interview and Screening

• If you submit your asylum claim at a port of entry, the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) will conduct a screening interview. This interview determines if you are eligible to stay in Canada while your refugee claim is processed.
• During the interview, authorities will ask about your background, the reason for leaving your country, and other relevant details.

3. Hearing with the Immigration and Refugee Board (IRB)

• If your claim is accepted for processing, you will be scheduled for a hearing with the Immigration and Refugee Board of Canada (IRB).
• The IRB will evaluate your case, review your evidence, and decide whether to grant you refugee status or reject your claim.
• During the hearing, you will have the opportunity to present your case and answer questions from an IRB panel member or adjudicator.
• You may be required to provide additional documents or clarify details during the hearing.

4. Decision

• The IRB will make a decision on your case: 
  • If your claim is accepted, you will be granted refugee status and can apply for permanent residence.
  • If your claim is denied, you may appeal the decision or request a judicial review if you believe the decision was incorrect.

5. Post-Hearing

• If your refugee claim is accepted, you will be issued refugee protection and may apply for permanent residency in Canada.
• If your claim is refused, you may need to leave Canada, unless you can appeal the decision at RAD (Refugee Appeal Division) or a Judicial Review at Federal Court of Canada. You may request to remain based on other humanitarian grounds and/or may file PRRA (Pre-Removal Risk Assessment). 

Temporary Status While Claim is Processed

While waiting for a decision on your asylum claim, you may be allowed to stay in Canada temporarily. Some important points include:

• Work Permit: If your asylum claim is accepted for processing, you may be allowed to apply for an open work permit so you can work while waiting for a decision on your refugee claim.
• Social Assistance: Refugee claimants in Canada may be eligible for temporary social assistance (government financial support), depending on their situation and the province they are in.

Rights and Obligations of Asylum Seekers

• Right to Stay in Canada: If your claim is accepted, you can stay in Canada as a protected person.
• Right to Work: Asylum seekers who have made a claim may be eligible for an open work permit.
• Access to Health Care: Refugee claimants may be eligible for health care services under the Interim Federal Health Program (IFHP) while their claims are processed.
• Obligations: Asylum seekers must comply with the conditions of their temporary status and attend any interviews or hearings scheduled by IRCC or the IRB.

Refugee Claim Denial and Appeals

If your refugee claim is rejected, you may have options for appealing or seeking other forms of relief:

• Appeal to the Refugee Appeal Division (RAD): If your claim is denied, you can appeal the decision to the Refugee Appeal Division (RAD) of the IRB within 15 days of receiving the refusal. RAD will reconsider the case and determine if the original decision was fair.
• Judicial Review: If your appeal is denied or you believe the IRB made an error in processing your case, you can apply for a judicial review in the Federal Court of Canada. A judge will review whether the decision was made correctly based on the law.

Permanent Residency and Citizenship for Asylum Seekers

If you are granted refugee status, you will have the opportunity to apply for permanent residency after living in Canada for a certain period (usually one year). Once you become a permanent resident, you may eventually apply for Canadian citizenship if you meet the eligibility requirements.

Conclusion

Seeking asylum in Canada is a legal process designed to protect individuals fleeing persecution. Canada has a commitment to offering asylum to those who genuinely need protection. If you fear returning to your home country due to threats or violence, you may be eligible for asylum in Canada. However, the process can be complex and requires careful preparation and presentation of evidence. If you are considering applying for asylum, it is often helpful to seek legal advice or assistance from an immigration consultant or lawyer to ensure the best possible outcome for your case.

Help with Filing Refugee

Filing Refugee Claim is a highly complicated Process. Applicants definitely need assistance from an Authorized Professional who is Experienced in filing Refugee Claims. 

Canadian Laws Permit only Canadian Lawyers, Certain Immigration Consultants (RCIC-IRB) and Notary Publics in Canada. 

At Euro Immigration Consultants, our CEO Mr. Ahmad Junaid Salik is RCIC-IRB, thus authorized to assist clients with any matter at IRB (Immigration and Refugee Board) including Filing Refugee Claims. Being an Authorized Consultant, Mr. Salik himself submits client’s claim and later represent the client at the hearing in RPD (Refugee Protection Division) as well as RAD (Refugee Appeals Division).

If you are Considering filing Asylum in Canada, book a meeting with Mr. Salik and discuss your case.