Who is a protected person in Canada?

Canada offers protection to thousands of people every year. Of course, protection is an opportunity to live in Canada. Moreover, you may become a permanent resident or a Canadian citizen eventually. However, before getting excited, let’s see who is a protected person. Also, let’s explore who may apply for protection and how.

Who is a protected person?

Canada could offer protection to a person who has a genuine fear of persecution or cruel treatment in their home country. However, the fear must be because of

  • race,
  • religion,
  • nationality,
  • membership in a particular social group, or
  • political opinion.

Sometimes a person does not have a country of citizenship. Therefore, their country of habitual residence must cause that fear.

How to become a protected person

There are two main ways you can apply for protection, namely:

If you are outside Canada and your refugee claim goes through, you will enter Canada as a permanent resident. Consequently, you won’t be a protected person inside Canada. However, your PR is because of the protection you received while you were outside Canada.

Claiming Refugee inside Canada

The immigration authorities review every refugee claim and refer the eligible ones to IRB if eligible. The Immigration and Refugee Board of Canada (IRB) reviews the claims and decides their fate. If they approve your application, you become a protected person as a convention refugee or someone who needs protection.

Note to practitioners: See A95! Also, consider A96 and A97.

Pre-Removal Risk Assessment (PRRA)

Most people who face a removal order could file for PRRA. The immigration authorities review those applications. Consequently, if they approve the application, the applicant becomes a protected person.

Note to practitioners: See A112! However, read the sections following this section.

The benefits of becoming a protected person

You may receive an open work permit in Canada as a protected person. Moreover, you may apply for a study permit from inside Canada. However, the more critical perk is the qualification for applying for permanent residence. Unfortunately, some protected people do not qualify for a PR application. For example, read the following article to see an example:

Of course, your best bet is to also consult with a professional.

This article gives a basic idea of protection in Canada. Nonetheless, make sure to read my other articles as well.

Let us help in your application for protection.

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    Al Parsai, LLM, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

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    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.