Refugees
Each year, Canada grants protection to thousands of refugees who fear
persecution or who are at risk of torture or cruel and unusual
punishment or treatment in their home country.
If you believe that you will be persecuted if you return to your home
country, you can apply for protection in Canada as a
Convention Refugee
or as a Person in Need of Protection.
An application for protection under one of these two categories must be
made within Canada at a local Citizenship and Immigration Canada
(CIC) office or at a point of entry to Canada.
Groups and individuals may
sponsor refugees who are still abroad
if they qualify
to come to Canada through the
Convention Refugees Abroad Class, the
Country of Asylum Class or the
Source Country Class.
In exceptional circumstances, refugees from certain countries may apply
directly for resettlement to Canada while they are still in their home
country through the Source Country Class.
Please note that some people are not eligible
to make a refugee
claim in Canada.
If you fear persecution and you would like to make your
claim for refugee protection in
Our firm provides a full range of legal services for
refugees, including the following:
-
Preparing applications for refugee protection made within
-
Preparing applications for refugee protection and sponsorship where the refugee is still outside
-
Making representations before the Immigration and Refugee Board;
-
Appearing before the Federal Court of Canada on a judicial review of a negative decision by CIC;
-
Re-opening Applications;
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Representing you on eligibility and admissibility matters; and,
-
Representing you on pre-removal risk assessments.
Our lawyers are happy to accept
legal aid certificates
if you are not able to afford
our regular legal fees.
We
also accept payment by instalment.
A Convention Refugee is someone who cannot return to their home country
or the country where they normally reside because of a well-founded fear
of persecution based on:
-
race;
-
religion;
-
political opinion;
-
nationality; or
-
membership in a particular social group (including gender and sexual orientation).
A person in need of protection is
someone who cannot return to their home country or the country where they
normally reside
because of:
-
a risk of torture;
-
a risk to their life; or
-
a risk of cruel and unusual treatment or punishment.
Groups and individuals can sponsor refugees from abroad who qualify to
come to Canada under the
Convention Refugees Abroad Class, the
Country of Asylum Class or the
Source Country Class.
In most cases, sponsors must provide financial and emotional assistance
to refugees in order to help them get settled in Canada.
Sponsorships typically last for one year, although some
sponsorships may be of a longer duration.
If you are interested in sponsoring a refugee, we can
advise you with respect to the different categories of refugee
sponsorship and prepare your application to Citizenship and Immigration
Canada.
Convention Refugees Abroad
Class
To qualify under the Convention Refugees Abroad Class, a person must:
-
meet the definition of a Convention Refugee above;
-
be outside Canada;
-
be referred by a referral organization such as the United Nations High Commissioner for Refugees (UNHCR) or by a private sponsorship group; and
-
be sponsored by the government or a private group OR be self-supporting (have the funds needed to support yourself and any dependants in Canada).
You will not
qualify under the Convention Refugee Abroad Class if you:
-
you are a citizen of another country and can return to that country;
-
you have an offer of resettlement from another country;
-
you returned to your home country voluntarily or regained citizenship in your home country; or
-
the reasons why you feared persecution no longer exist.
If you do not qualify as a Convention Refugee, you may still
qualify for refugee protection in Canada under the Country of Asylum
Class.
To qualify under the Country of Asylum Class, you must be:
-
outside your home country or the country where you normally reside;
-
seriously affected by civil war or armed conflict or have suffered grave human rights abuses;
-
unable to find a viable solution; and
-
privately sponsored or be self-supporting (have the necessary funds to support yourself and any dependants in Canada).
If you are eligible
under the Source Country Class, you can apply directly for resettlement
to Canada.
To qualify under the Source Country Class, you must:
-
reside in a country that is designated by Canada as a source country for refugees (DR Congo, Sudan, El Salvador, Guatemala, Colombia or Sierra Leone);
-
reside in your home country;
-
be seriously affected by civil war or armed conflict or have suffered grave human rights abuses;
-
have lost one of the following civil liberties: the right of freedom of expression, the right of dissent or the right to engage in trade union activity AND have been detained or imprisoned as a result;
-
fear persecution because of race, religion, nationality, political opinion or membership in a particular social group (such as gender or sexual orientation);
-
be unable to find a viable solution; and
-
be sponsored by the government or a private group OR be self-supporting (have the funds needed to support yourself and any dependants in Canada).
Certain individuals are not eligible
to apply for refugee
protection in
You cannot apply, for
example:
-
if you have already been recognized as a Convention refugee by another country;
-
if you arrived in Canada from the United States (since you must make your claim in the first safe country where you arrive under the Safe Third Country Agreement between Canada and the United States); or,
-
if you are inadmissible to Canada as a result of security concerns, criminal history or human rights violations.
Our lawyers can advise and represent you regarding eligibility
and inadmissibility matters, should these issues arise with respect to your
application.