Refugee Claims

A refugee to Canada?  We can assist with your refugee process.  If you have questions about your eligibility or, want to start the refugee claim process please feel free to setup an appointment with our staff.  

The Refugee Process

The process for refugees seeking asylum in Canada involves several steps, all aimed at ensuring a fair and thorough assessment of their claims. Here’s a general overview:

  1. Eligibility Determination:

    • Refugees can apply for asylum from within Canada or from abroad (in certain cases). Those applying from within the country often do so at a port of entry or at an immigration office.
    • The eligibility criteria are based on the United Nations Convention Relating to the Status of Refugees, to which Canada is a signatory. Applicants must prove that they have a well-founded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.
  2. Refugee Protection Division (RPD) Hearing:

    • If the initial eligibility is granted, the case is then referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
    • The RPD conducts a hearing where the claimant presents their case, often with the help of legal representation. The decision is based on evidence provided by the claimant, country condition reports, and other relevant information.
  3. Decision and Appeal:

    • The RPD can either accept or reject the claim. If rejected, the claimant has the option to appeal the decision to the Refugee Appeal Division (RAD).
    • The RAD reviews decisions made by the RPD and assesses whether they were correctly made based on the law and the facts of the case.
  4. Pre-Removal Risk Assessment (PRRA):

    • If all else fails, and a claim for refugee protection is rejected at every level, individuals may still apply for a Pre-Removal Risk Assessment. This is a process where they can present new evidence that may affect the decision to remove them from Canada.
  5. Settlement and Integration:

    • For successful refugees, the next steps involve settling into their new lives in Canada. They may receive assistance in finding housing, employment, and accessing language and cultural services to aid in their integration.

It’s essential to note that the refugee process is complex and can take varying amounts of time depending on the specific case and circumstances.

Legal Aid Ontario

In some cases, we are able to accept cases based on funding from Legal Aid Ontario.  Please contact us to check availability and your eligibility.

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Guthrie Law is a boutique law firm specializing in Immigration Law.  We provide help with all legal aspects of coming or staying in Canada.

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