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Any person from any
country who can prove that they are a "Convention refugee" or a
"person in need of protection" will receive refugee protection in
Canada.
Refugees are
persons who fear for their lives or safety in their home country,
where the authorities of their home country are unable or unwilling
to provide them with effective protection. Canada has a
long-standing humanitarian tradition of providing surrogate
protection to refugees. Refugee status may be applied for by people
entering Canada, for example at an airport, or by people who are
already in Canada. Successful refugee applicants may apply for
permanent residence in Canada.
Every claim to
refugee protection that is made in Canada is decided by the Refugee
Protection Division of the Immigration and Refugee Board ("the
Board") in an in-person hearing. In most cases a person who is
accepted by the Board as a protected person can apply to be a
permanent resident of Canada. A person who is rejected by the Board
can apply to the Federal Court to overturn a negative decision of
the Board.
A refugee claimant
may present their case on one or more of three bases for refugee
protection: (1) that they face a risk of persecution in their home
country for reasons of their race, religion, nationality, membership
in a particular social group, or political opinion, (2) that they
face a risk of torture in their home country, (3) that they face a
risk to their life or of cruel and unusual treatment or punishment
in their home country.
People who are
citizens or have the right to live in more than one country must
prove they have a refugee claim against all the countries of which
they are citizens or in which they have the right to live.
The most important
factor in a successful refugee claim is thorough preparation,
starting with preparation of the Personal Information Form or "PIF",
which is a document setting out all the information about your
claim. The completed PIF must be submitted to the Board within 28
days from the day on which you are given the blank PIF. Proper
preparation of the PIF is essential and preferably should be done
with the assistance of an immigration Consultant who is competent in
refugee law.
Other types of hearing/petitions us at ImmiGlobe can help you with
include:
·
Admissibility
Hearings for people
inadmissible to Canada for medical reasons, or criminality in their
background
·
Detention Review Hearings
if the immigration officials are of the opinion the person may pose
a danger to the public
·
Humanitarian & Compassionate Applications
is
intended for persons who cannot return to their home country to
apply for immigration through the standard categories because to do
so would cause them unusual, undeserved or disproportionate
hardship.
·
Temporary Resident Permits
for persons who are
inadmissible to Canada but need to enter Canada temporarily for some
compelling reason may apply for a Temporary Resident Permit
·
Rehabilitation Applications
for foreign nationals who have criminal convictions are generally
inadmissible to Canada. However, where at least 5 years have passed
from the time the criminal sentence was completed, an application
for criminal rehabilitation can be made
Please
Contact us for an assessment of your eligibility and other
information. |