Question 1

Am I eligible to make a refugee claim in Canada?

Accepted Answer

You may be eligible to make a refugee claim if you fear persecution, torture, risk to your life, or cruel and unusual treatment or punishment in your home country and cannot return there safely. Eligibility also depends on factors such as how you arrived in Canada, whether you have made a previous claim, and whether another country may be responsible for your claim. An immigration lawyer can assess your situation and confirm whether you are eligible to proceed.

Question 2

What is the difference between a Convention Refugee and a Person in Need of Protection?

Accepted Answer

A Convention Refugee is someone who fears persecution based on race, religion, nationality, political opinion, or membership in a particular social group and cannot return to their home country. A Person in Need of Protection is someone who may not fit the Convention Refugee definition but would face a risk of torture, danger to their life, or cruel and unusual treatment or punishment if returned. Both categories can qualify for protection in Canada.

Question 3

How do I make a refugee claim, and what happens after I apply?

Accepted Answer

You can make a refugee claim at a Canadian port of entry or from inside Canada. After your claim is submitted, your eligibility is assessed, and if you are found to be eligible, your case is referred to the Refugee Protection Division (RPD) for a hearing. You will be asked to submit forms and evidence, and eventually you will attend a hearing where a decision-maker determines whether you qualify for protection.

Question 4

How long does the refugee process take?

Accepted Answer

Timelines vary depending on your case, the type of claim, and current processing backlogs. Some cases are scheduled for hearings within months, while others may take longer. If your claim is accepted, you can apply for permanent residence. If it is refused, strict deadlines apply for next steps, so it is important to get legal advice as soon as possible.

Question 5

Can I work or study in Canada while my refugee claim is pending?

Accepted Answer

In many cases, yes. Refugee claimants can usually apply for a work permit and may be able to study in Canada while their claim is being processed. You may also be eligible for basic healthcare coverage through the Interim Federal Health Program. The exact options depend on your situation and status.

Question 6

What happens at the Refugee Protection Division (RPD) hearing?

Accepted Answer

The RPD hearing is your opportunity to explain your story and present your evidence to an independent decision-maker. You will be asked questions about what happened to you and why you are afraid to return to your country. The decision-maker will review your testimony and documents and then decide whether you qualify for refugee protection. Having a lawyer helps ensure your case is clearly presented and properly prepared.

Question 7

What kind of evidence do I need to support my refugee claim?

Accepted Answer

Evidence can include identity documents, police reports, medical records, court documents, news articles, country condition reports, and witness statements that should corroborate your narrative. Every case is different, and part of building a strong claim is identifying what evidence best supports your specific story.

Question 8

What happens if my refugee claim is refused?

Accepted Answer

A refusal does not always mean the end of your case. Depending on your situation, you may be able to appeal to the Refugee Appeal Division (RAD), apply for judicial review at the Federal Court, or explore other immigration options such as a humanitarian and compassionate application or a Pre-Removal Risk Assessment (PRRA). Deadlines are very short, so it is crucial to get legal advice immediately after a refusal.

Question 9

Do I need a lawyer to make a refugee claim?

Accepted Answer

You are not required to have a lawyer, but refugee law is complex and the consequences of mistakes can be serious. A lawyer helps you prepare your story, gather the right evidence, meet deadlines, and present your case effectively at your hearing. Having professional representation can make a significant difference, especially in complex or high-risk cases.

Question 10

What happens if I am found ineligible to make a refugee claim?

Accepted Answer

If you are found ineligible, it means your case will not be referred to the Refugee Protection Division for a hearing. This can happen for several reasons, such as if you made a previous claim, have status in or a connection to another country, or fall under specific legal exclusions. Being found ineligible does not always mean you have no options. Depending on your situation, you may still be able to pursue other remedies, such as a Pre-Removal Risk Assessment (PRRA), a humanitarian and compassionate application, or other immigration pathways. It is important to get legal advice immediately, as timelines are strict and the next steps depend heavily on your specific circumstances.

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