REFUGEE PROCESS IN CANADA

How Lawyers can help you in refugee claim process?

Lawyers mean Barrister/Solicitor in Canada

  1. Lawyers play a critical role in the refugee claim process in Canada, ensuring that individuals seeking protection navigate the complex legal system effectively.
  2. Refugee law in Canada is intricate and governed by specific rules and procedures under the Immigration and Refugee Protection Act (IRPA).
  3. A lawyer helps gather and present evidence to support the claim, such as personal narratives, affidavits, and country condition reports.
  4. Refugee claimants must appear before the Immigration and Refugee Board (IRB), where decisions are made regarding their status.
  5. Claimants often face legal hurdles, such as inadmissibility due to criminal records or the need to establish an inability to find protection in their home country
  6. If a claim is denied, lawyers assist with filing an appeal to the Refugee Appeal Division (RAD) or seeking a judicial review in Federal Court.

Claim Refugee Status From Inside Canada: 

About the process

Step One:

Refugee status

Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include

  • Torture
  • Risk to their life
  • Risk of cruel and unusual treatment or punishment

If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.

Step Two:

WHO CAN APPLY?

Who can make a refugee claim?

To make a refugee claim, you

  • Must be in Canada
  • Can’t be subject to a removal order

If you’re outside Canada, you may be eligible to

  • Resettle in Canada as Refugee
  • Immigrate to Canada through one of our programs

Step Three:

HOW TO APPLY?

A refugee claim in Canada can be initiated either upon arrival at a port of entry (such as an airport, border crossing, or seaport) or from within Canada. The process involves several steps to ensure the claim is assessed in accordance with Canadian and international law.

Step Four:

AFTER YOU APPLY?

  • At a Port of Entry:

    • Inform the border officer of your intention to make a refugee claim upon arrival.
    • Submit the required documentation, including travel documents and identification.
    • Complete the eligibility interview with the CBSA officer.
    • If deemed eligible, the officer will refer your claim to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
  • From Within Canada:

    • Submit an application to the IRCC office using the Application for Refugee Protection form.
    • Include supporting documents, such as personal identification, proof of persecution, and a completed Basis of Claim (BOC) form.
    • Attend an eligibility interview to confirm your claim’s referral to the RPD.
  1. The CBSA officer decides your claim is eligible

Under the Immigration and Refugee Protection Act (IRPA), the Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) will determine whether the claimant is eligible to make a refugee claim. Eligibility criteria include ensuring the claimant:

  1. Is not subject to a removal order.
  2. Has not previously been recognized as a refugee in Canada.
  3. Has not made a prior ineligible claim to the Refugee Protection Division (RPD).
  4. Is not inadmissible due to serious criminality or national security concerns.
  1. The officer schedules you for an interview

You must

  • Complete your medical exam, and
  • Go to your scheduled interview.

The officer tells you to complete your claim online

You must

  • Complete your claim online, and
  • Complete your medical exam

To complete your claim online, you’ll need your

  • Application number
  • UCI
  • Date of birth
  •       You’ll find these on your
      • acknowledgement of claim letter or
      • refugee protection claimant document

Keep any of these documents the CBSA gives you. The CBSA will tell you what to do next.

  • The officer decides your claim is not eligible

Step Five:

Contact to US:

Refugee Claims is available 24/7 to address all inquiries promptly. You may reach us via email, fax, or phone. Our representatives are dedicated to providing immediate assistance and ensuring your questions are addressed with professionalism and care.

The team at GoldenGate Lawyers will thoroughly review your claim and conduct an individual evaluation of its merits. This personalized approach ensures a comprehensive assessment tailored to your specific circumstances.

If you require legal advice, our experienced legal team is available to provide you with expert guidance. They will assist you in understanding your rights and obligations and offer step-by-step support for filing your refugee claim.