Refugees and Protected Persons

What is a Convention Refugee or a Person in Need of Protection?

A Convention refugee is someone who is outside their home country and cannot return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Additionally, a person in need of protection is someone in Canada who faces personal danger if they were to return to their home country, such as a risk to their life or a risk of torture or cruel and unusual treatment or punishment. This status recognizes the immediate safety concerns that prevent them from safely returning to their homeland, similar to but distinct from the threats facing Convention refugees.

The Process for Making a Refugee Claim in Canada

Generally, the process of making a refugee claim within Canada involves several steps:

1. Start Your Claim: Individuals can initiate a refugee claim at any port of entry (airport, seaport, land border) or submit a refugee claim online if they are already inside Canada.
2. Complete the Basis of Claim (BOC) Form: This form is crucial as it details who you are and why you seek protection. If you make a claim at a port of entry, you must submit the BOC within a specified timeframe from the date of your referral to the Refugee Protection Division (RPD). If you make a claim after arriving in Canada, you are required to submit the BOC with the complete application.
3. Eligibility Interview: An interview is conducted by officials from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) to decide if your claim can be referred to the RPD for a hearing.
4. The Hearing: If your claim is referred to the RPD, you will attend a hearing before the RPD, where a decision will be made regarding your claim for protection.

Throughout this process, it's essential to gather all necessary supporting documentation and to meet all deadlines to avoid delays or denial of your claim.

Safe Third Country Agreement

The Safe Third Country Agreement between Canada and the United States is a crucial element in the refugee claim process. This agreement stipulates that refugee claimants must seek protection in the first safe country they arrive in, whether Canada or the U.S. This means if you enter Canada at a land border from the U.S., you may be returned to the U.S. unless you qualify for an exception to the agreement.

Importance of Hiring a Qualified Lawyer

Securing experienced legal representation is critical in navigating the complexities of the refugee claim process. Our seasoned and qualified lawyers can assist you in accurately completing the BOC Form, preparing for the interview, gathering necessary documentation, and representing you during the RPD hearing. We ensure procedural fairness and can appeal your case if necessary. Our expertise and strategic advice increases the likelihood of a successful claim, providing invaluable guidance through this challenging and critical time.