The term “Refugee” has been a commonly used term for many newcomers to Canada who are told that if nothing else works, the agent/ lawyer will apply for their Refugee Claim to restore their status. In today’s article, we would like to introduce you to the nuances of what a Refugee Claim is and what your rights are as a Refugee, whether you should try for this claim or not and finally will you be able to travel to your home country or bring over your family here.
Let us begin by understanding how Immigration Canada describes a Refugee.
As per the Government regulations on the definition of a Refugee Claimant (also referred to as Asylum Seeker, a term not accepted by some), the following points are to be kept in mind before determining whether a person is a Refugee or not:
- make a refugee claim at a port of entry or an inland office within Canada. There, they are screened and determined eligible or ineligible to pursue a claim.
- have status only as temporary residents.
- have their claim investigated by the Immigration and Refugee Board (IRB). Only if deemed to fit the definition of Convention refugee will they then have the option of applying for Permanent Residency.
- are eligible to apply for a temporary work permit.
- can access some, but not all, of the settlement services available to resettled refugees/permanent residents.
- are eligible for a range of provincial and federal services such as health care, labour market integration programs, community resources and to apply for Employment and Income Assistance (EIA).
Refugee Claim Refused: An Overview of Options for Claimants
If you are in Canada and have had either a refugee claim or a permanent resident application refused, there may still be options for you.
Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. It is not guaranteed, however, that an applicant will be found eligible under any of these processes.
What are my options if I have been refused a Refugee Claim?
Pre-removal risk assessment
If you are told to leave Canada, you may be able to apply under this process. If so, an officer reviews the documents related to your case and any other evidence.
Apply to the Refugee Appeal Division at the Immigration and Refugee Board of Canada
If you received a negative decision on your refugee claim, you may be able to appeal to the Refugee Appeal Division (RAD) at the Immigration and Refugee Board of Canada. But some failed claimants are not eligible to apply. Find out more about the RAD.
Apply to the Federal Court of Canada for judicial review
You can ask the Federal Court of Canada to review the decision made on your case.
Humanitarian and compassionate grounds
In some exceptional circumstances, people are allowed to become permanent residents under these grounds. (*Visit here next week for a detailed explanation on H&C Application Process)