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 hit 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 a fear of going 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 shortly. 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 in Canada. If their request goes through, they could eventually become permanent residents of Canada. They may even later become naturalized citizens. This article reviews 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 person who intends to enter Canada at a port of entry. If you claim refugee status, the BSO takes the following steps:

  1. Decide 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 vital 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, consult with the visa office responsible for your country of origin.
  5. Takes your biometrics.
  6. Searches and reviews your documents.
  7. Decides 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. They also refer 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 enter Canada via the US and are not exempted from the Safe Third Country rules.

If the officer realizes you may not file for refugee, they won’t refer to IRB.

Claim Refugee Status inside Canada

اعلام پناهندگی در داخل کانادا

Claiming Refugee Status inside Canada

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

The Process of Refugee Claims

The refugee claims process 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.

Suppose you wish to visit or move to Canada or have encountered any issues with the immigration authorities. In that case, 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.

Refugee claims for designated foreign nationals

If a designated foreign national (DFN) files for refugee status, they could face many hurdles (e.g. arrest and detention, delays in PR application, and more). Please read my article on DFNs for more information. Also, if you have withdrawn a previous refugee claim, IRCC may refuse to refer you to RPD. Click the following button if you need our help!

Claim Refugee Status inside Canada

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Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada

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Disclaimer:
This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

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Al Parsai

Al Parsai is a Regulated Canadian Immigration Consultant (class L3 RCIC-IRB – Unrestricted Practice) in Toronto, Canada. He is an adjunct professor at Queen's University Law School and Ashton College. Al, who holds a Master of Laws (LLM) degree from York University, is a member of CICC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented thousands of applicants from more than 50 countries to the immigration authorities since January 2011.

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