Refugee Hearing

Not everyone can claim a refugee status in Canada. There are certain grounds under which you can claim protection.
“If you have a valid fear of harm caused by violation of fundamental right, persecution, discrimination which is physical or mental or life and the agent of harm are either state or non-state-agent having consent or backing/support of public official or acting in official capacity. There must be some compelling, subjective or very well founded objective, reason of harm based upon:

Race-Religion-Nationality-Particular social group-Political opinion

It is quite a possibility that, if you are already in Canada, you may claim Refugee protection here and have your claim adjudicated at Refugee Protection Division of Immigration and Refugee Board, which is an independent tribunal. But unfortunately, Canada is not a safe haven for everybody so you may not be able to remain Canada forever. These type of hearing are quasi-judicial proceeding. You will have to provide all the evidence that you think can support your refugee claim on the basis of well-founded fear due to which you can’t go back to your home country. You have right to be represented by a consultant as well as the right to call any eligible witnesses to testify on your behalf.

After considering all the evidence and the witness testimonies , if it is satisfied that you have a well-founded fear of persecution in your country of nationality or former habitual residence on the basis of your race, religion, membership in a particular social group or your political opinion, you will be granted this protected status in Canada. This means that you may not be asked to leave Canada and return to the country in which you fear persecution, except in vary limited circumstances. It will eventually grant you the legal right to apply for permanent residence status from within Canada and become a Canadian Citizen.

In case of refusal at Refugee Protection Division (RPD), you still have a right to appeal that refusal at Refugee Appeal Division (RAD) or you can seek leave for judicial in the Federal Court of Canada.

But there are certain exclusion of exemptions to the claim. You can’t claim refugee status in Canada if

• You are able to return and remain in another country permanently.
• You have willingly given up your right to live in any country (window shopping not allowed)
• You are involved in crime against humanity, war crimes or systematic attack against civilians in any country of the world.
• You have already made or abundant a refugee claim in Canada or you have been refused once in Canada.
• You are arriving in Canada from the American border and are subject to the safe Third Party Agreement are also not permitted to claim refugee protection.

Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB), allowing 15 days to file a Notice of Appeal once the written reasons for the decision are received from the Refugee Protection Division. It is extremely cumbersome job so before taking the first step, it is very important to consult someone who is authorise to advice in this matter and can take-up your mater with authorities. For any help you can contact us.

Important Things To Note

A list of Designated Countries of Origin (DCO); these are countries which do not normally produce refugees and are pressured to respect human rights and offer state protection – processing times for claimants from these countries will be an estimated 30 – 45 days; 60 days for other claimants – You can find the list of Designated Countries of Origin (DCO), at click here.