LEARN HOW TO COME TO CANADA AS A REFUGEE
APPLY AS A REFUGEE CLAIMANT
We can never say it enough: the success of an asylum application depends on the quality of the file presented. You can count on the DFG team to assist you.
Asylum is granted to you in Canada if you meet the definition of a Convention refugee, or if you are a person in need of protection.
At the Immigration and Refugee Board of Canada (IRB), the Refugee Protection Division (RPD) is responsible for deciding if you are eligible for asylum. When you make a claim and are eligible, your case is referred to the Division for a decision.
The refugee status
Canada offers refuge to certain people in its territory who fear persecution or who would be at risk if they were to leave. The dangers they may face include
- the torture;
- a threat to their lives;
- the risk of cruel and unusual treatment or punishment.
If you believe that you would be in such danger if you were to return to your country of origin or the country where you normally live, you may be entitled to claim protection in Canada as a refugee.
Who can apply for asylum
To apply for asylum, you must:
- be in Canada;
- not be subject to a removal order.
If you are outside of Canada, you may :
- be resettled in Canada as a refugee;
- immigrate to Canada through one of the immigration programs
Admissibility
If you make a claim for refugee protection, the RPD will decide whether it can be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent tribunal that makes decisions about immigration and refugee matters.
Your claim may not be eligible for consideration by the IRB if:
you already have Convention refugee status in another country to which you can return;
- you already have protected person status in Canada;
- you entered Canada through the Canada-US border;
- you have made a claim for asylum in another country, which has been confirmed through the exchange of information;
- you are inadmissible to Canada for security, criminal activity or human rights violations;
- you have already submitted an application for asylum that was deemed inadmissible;
- you have already made a refugee claim that was rejected by the IRB;
- you have already submitted an application for asylum, but you did not pursue it (withdrawal) or you withdrew it
The IRB decides who is a Convention refugee or a person in need of protection.