Refugee claims refer to the process by which individuals seek protection in a country other than their own due to a well-founded fear of persecution, violence, or harm. In Canada, refugee claims are governed by the Immigration and Refugee Protection Act (IRPA) and the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
When individuals arrive in Canada and express a fear of returning to their home country, they may initiate a refugee claim to seek asylum. The refugee claim process involves several key steps:
- Referral or Claim at Port of Entry: Individuals may make a refugee claim upon arrival in Canada at a port of entry, such as an airport or border crossing, or within Canada at an immigration office. They are then referred to the IRB for a hearing to determine their refugee status.
- Refugee Hearing: The refugee claimant appears before the RPD for a hearing to present their case and provide evidence supporting their claim for refugee protection. The claimant has the opportunity to testify, present witnesses, and submit documentary evidence to demonstrate the validity of their claim.
- Decision: The RPD evaluates the evidence presented at the hearing and assesses whether the claimant meets the criteria for refugee protection under Canadian law. Factors considered include the risk of persecution or harm in the claimant’s home country, the credibility of the claimant’s testimony, and the availability of state protection.
- Appeals: If the refugee claim is denied, the claimant may have recourse to appeal the decision to the Refugee Appeal Division (RAD) of the IRB or to seek judicial review by the Federal Court of Canada.
- Protection or Removal: If the refugee claim is accepted, the claimant is granted refugee protection in Canada, allowing them to remain in the country and eventually apply for permanent residence. If the claim is rejected, the claimant may be subject to removal from Canada, although avenues for appeal or review may be available.
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- Comprehensive Consultation: Our process begins with a thorough consultation to understand your situation. We assess the grounds for your refugee claim and discuss potential legal avenues.
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- Representation at Hearings: We stand by your side during refugee hearings, providing strong legal representation to articulate your case persuasively and navigate the complexities of the asylum process.
- Appeals and Reviews: In the event of a negative decision, we offer support for appeals and reviews, leveraging our expertise to challenge decisions that may not align with the principles of fairness and justice.
🌈 How to Begin Your Journey to Safety:
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