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Refugee Claims

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Canada offers a refugee protection policy to those people living in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include torture, the risk to their life, and the risk of cruel and unusual treatment or punishment.

Anyone facing these risks can seek protection in Canada as a refugee.

Making a Refugee Claim

Individuals can make a refugee claim online or at any port. Individuals can make a refugee claim online when they are already living in Canada. IRCC officials will determine an individual’s eligibility for the Immigration and Refugee Board hearing. Some factors are used to determine an individual’s eligibility to make a refugee claim include checking whether

  • the claimant has committed a serious crime,
  • has already made a previous claim in Canada,
  • or has received protection in another country.

There is a different process for resettled refugees and refugees claimant. Asylum seekers can make an entry online if they are available in Canada; otherwise, they have to make entry at any port. Refugees must screen for health and security checks, biographic and biometric checks, and initiate security and criminality checks.

Resettled refugees are screened abroad and undergo security and health screenings like immigration medical exams before a visa is issued, allowing them to come to Canada as permanent residents.

The irregular crossing Canadian border is illegal and dangerous. The government of Canada urges to seek entry from only specified ports.

Refugee Claim Decision –Positive –Negative

All eligible refugees get a fair hearing at IRB, where IRB decides whether a claimant has met the United Nations definition of refugees or not. When he becomes eligible to claim in Canada, he gets access to social assistance, education, health services, and legal aid. They are allowed to work permit once they have undergone their medical exam.

If the Refugee Protection Division rejects a claim, individuals can appeal the decision to the Refugee Appeal Division of the IRB. They ask the Federal Court to review the decision if they lost every right to appeal in Refugee Appeal Division.

If the Refugee Protection Division accepts the claim, the claimant will receive protected person status and can enjoy all the settlement services.

The safe third-country Agreement

The Safe Third Country Agreement was signed between Canada and the United States (U.S.) in 2004. It requires that refugee claimants seek protection in the first safe country they arrive. The Agreement applies to those individuals making an asylum claim at a land border port of entry between Canada and the U.S. Those who arrive from the U.S. by sea, between the ports of entry, or an airport are not eligible for the Agreement. The Safe Third Country Agreement is helpful for Canada and the U.S. to work on refugee claims. There are some exceptional cases in which The Safe Third Country Agreement does not apply. These are;

  • Refugee claimant whose family member is already in Canada
  • Unaccompanied minors
  • Canadian Visa holders
  • Individuals convicted of an offense or have been charged due to involvement in any illegal activity

All those claimants entering Canada through an invalid port or have entered illegally are not eligible for the Agreement.

Sponsorship Approval Duration

After approving sponsorship takes four months for a refugee to arrive in Canada. The process involves three steps;

  • One week of application processing
  • Eight weeks to get a visa permit
  • Getting traveling documents

But it also depends on the refugees’ country condition change unexpectedly to cause any delay in the sponsorship approval process.

Why XL Immigration?

XL Immigration is a trusted source of Canadian visa providers. We help you through every step in the immigration application process, from seeking legal advice to helping individuals start their new life in Canada.

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