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A refugee claim in Canada allows individuals fleeing persecution, war, or violence in their home country to seek protection and potentially become permanent residents. Refugees can apply from within Canada or as part of Canada's Resettlement Program from abroad.

Who Can Make a Refugee Claim?

• You are in Canada and fear persecution in your home country due to:
• Race
• Religion
• Political opinion
• Nationality
• Membership in a particular social group (e.g., LGBTQ+ individuals)
• You cannot return home because of danger, torture, risk to your life, or cruel and unusual punishment.

However, you cannot make a refugee claim if:

• You have been convicted of a serious crime.
• You previously made a refugee claim in Canada that was rejected.
• You already received protection in another country.
• You entered Canada via the U.S. (due to the Safe Third Country Agreement, unless you qualify for an exception).

Refugee Claim Process

• Step 1: Submit a Refugee Claim
• Claims can be made at a port of entry (like an airport) or inland at an IRCC or Canada Border Services Agency (CBSA) office.
• You’ll need to provide details of your fear of persecution and supporting documents, such as identification and any proof of the persecution you faced.
• Step 2: Eligibility Review
• The IRCC or CBSA will review your claim to determine if it is eligible under Canada's refugee laws. If your claim is eligible, it will be referred to the Immigration and Refugee Board (IRB) for a hearing.
• Step 3: Prepare for Your Refugee Hearing
• The IRB will schedule a hearing to assess your claim. You’ll be asked to provide evidence and explain why you need protection.
• It’s recommended to have a lawyer or legal representative to help you prepare and present your case.
• Step 4: Attend Your Hearing
• At the hearing, an IRB member will ask questions about your claim, review evidence, and decide if you qualify for refugee protection.
• Step 5: Decision
• If the IRB accepts your claim, you’ll be recognized as either a Convention Refugee or a Person in Need of Protection, and you may apply for permanent residency.
• If your claim is denied, you may be eligible to appeal to the Refugee Appeal Division (RAD) or apply for a judicial review through Federal Court.

Types of Refugees

• Convention Refugee
• A person who is outside their home country and cannot return due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a social group.
• Person in Need of Protection
• A person in Canada who faces a risk to their life or the risk of torture or cruel and unusual treatment if they return to their home country.

What Happens After a Successful Claim?

• Once your claim is approved, you can apply for permanent residency in Canada.
• You may also be eligible for work permits, healthcare, and other services while your PR application is processed.

What Happens if Your Claim is Rejected?

• You may need to leave Canada voluntarily or face deportation.
• You could appeal the decision or seek a pre-removal risk assessment (PRRA) if you believe new evidence shows you are at risk.

Summary:

Refugee claims in Canada provide a lifeline to individuals fleeing persecution, war, or violence. The process involves filing a claim, undergoing a hearing with the IRB, and potentially gaining protection as a Convention Refugee or Person in Need of Protection. Successful claimants can apply for permanent residency, while rejected applicants may appeal the decision or face removal from Canada.