Claiming Refugee Status

Claim Refugee StatusNoura is a citizen of Saudi Arabia. She is married but has no children. Noura was only 12 years old when she was forced to marry her abusive husband. She is 21 years old now. Noura and her husband travelled to Canada as visitors two months ago.

Noura’s husband was hitting her with a belt when the neighbouring hotel room residents reported them to the local Canadian police. The police intervened and transferred Noura to the nearest women’s shelter in Hamilton, Ontario. Consequently, Noura has the fear to go back to her husband. She believes neither the Saudi authorities nor her family will protect her against him.

Noura has a genuine fear of dying at the hands of her husband in the near future. She wonders if she could stay in Canada in an open society that respects women’s rights and freedoms. Noura wonders if she could claim refugee status in Canada.

Some refugees file for asylum at a port of entry or while they are in Canada. If their request goes through, they could eventually become permanent residents of Canda. They may even later become naturalized citizens. In this article, we review refugee claims both at a port of entry and inside Canada.

Claiming Refugee Status at a Port of Entry

The Border Services Officers (BSO) examine every single person who intends to enter Canada at a port of entry. If you claim refugee status, the BSO takes the following steps:

  1. Decides whether they need to use the services of an interpreter or not. Many BSOs speak non-official languages of Canada, especially if you are crossing a major port of entry such as Toronto Lester Pearson airport.
  2. Asks you if you need representation. For example, you may hire a lawyer or an RCIC to help you.
  3. Reviews the IRCC, CBSA, and the police databases to see if anything related to your history or identity is available.
  4.  If necessary, consults with the visa office responsible for your country of origin.
  5. Takes your biometrics.
  6. Searches and reviews your documents.
  7. Makes a decision on how to proceed.

Generally speaking, there will be three scenarios at this point:

  • The BSO gives you 15 days to complete all necessary forms (such as the Basis of Claim) and documents. She or he also refers you to the Immigration and Refugee Board of Canada (IRB) for a refugee hearing and decision; or
  • The BSO detains you for further investigation or interviews. Detention could occur because of inadmissibility reasons or lack of proper documentation; or
  • The BSO directs you back to the United States. This only happens if you are entering Canada via the US and you are not exempted from the Safe Third Country rules.

Claim Refugee Status inside Canada

اعلام پناهندگی در داخل کانادا

Claiming Refugee Status inside Canada

If you are already inside Canada, you may visit an inland IRCC office and file for asylum. In this situation, you need to have all the necessary forms and documents ready.  The immigration officer reviews your forms and documents, runs an interview with you, and if finds you eligible, refers you to the IRB.

The Process of Refugee Claims

The process of refugee claims varies depending on your country of origin and how your first hearing goes. However, a smooth version of the process is the following.

  1. You attend a refugee hearing at the Refugee Protection Division of the IRB.
  2. If they approve your claim, you become a protected person.
  3. You will apply for Canadian permanent residency (PR). You may even add your dependent family members to the PR application.

In real life, matters could get a lot more complicated. The CBSA may even deport you from Canada.

If you wish to visit or move to Canada or if you have encountered any issues with the immigration authorities, you may fill out our free assessment form or book a consultation session to assess your potential opportunities or offer you immigration, visa, or citizenship advice.

Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting

Refugee claims from within Canada

اعلام پناهندگی در داخل کانادا

For other immigration options, click one of the following buttons.

Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting

Disclaimer:
This article provides information of a general nature only. It may no longer be current. It does not give legal advice nor should you rely on it as legal advice. If you have specific legal questions, you should consult a lawyer. If you are looking for immigration advice, book an appointment. All the characters in the articles are fictional, unless otherwise clearly stated. Any resemblance in names, dates, and places (whether individuals, organizations, regions, or countries) is coincidental.

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Al Parsai

Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He also teaches the official immigration consulting courses at Ashton College in Vancouver, Canada. Al who holds a Masters degree from Yorkville University is a member of ICCRC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented hundreds of applicants from more than 30 countries to the immigration authorities since January 2011.