Canada grants refugee protection to persons who have a well-founded fear of persecution in their country of origin and/or country of settlement on the grounds set out by the Immigration and Refugee Protection Act.
A refugee claim can be made at a Canadian port of entry or within Canada, depending on the circumstances.
Here are a few points to consider before submitting your asylum claim:
An asylum application is a complex process that requires the claimant’s involvement in the process. But in many situations, this is not enough it would require the assistance of a professional to carry out the process.
Generally speaking, there are two ways to present your application. It is important to clarify that the process will be different depending on the strategy you adopt.
The two known routes are:
If you wish to take the first route, which is to present your application when you enter Canada at a border crossing, airport or port, a Canadian Border Services Agency (CBSA) officer will help you do so. This assistance involves completing a number of administrative formalities with you prior to meeting with a professional to complete the process.
If, however, you apply within Canada, you will not have the assistance of the CBSA upstream of the process. It will be up to you at this time to start your process either by yourself or with the support or assistance of a professional; a lawyer for example.
Immigration and Refugee Board (IRB) review of your application
Your application will be heard in most cases by a member designated by the IRB. You can have an answer at the end of this hearing. However, in most cases, the response to your claim is communicated to you after the hearing. This communication may take several weeks.
If your application is accepted, you are invited to continue the process to apply for permanent residence in Canada.
Immigration and Refugee Board (IRB) review of your application
Your application will be heard in most cases by a member designated by the IRB. You can have an answer at the end of this hearing. However, in most cases, the response to your claim is communicated to you after the hearing. This communication may take several weeks.
If your application is accepted, you are invited to continue the process to apply for permanent residence in Canada.
However, when you are refused, the law imposes a strict time limit within which you must either appeal to the Refugee Appeal Division (RAD) or depending on the circumstances, apply for leave and seek judicial review in a Federal Court.
The examination of your request will be the subject of a hearing in most cases. This is conducted by a commissioner appointed by the IRB. You can have an answer as soon as this hearing is over. However, in most cases, the answer to your asylum application is communicated to you after the hearing. This communication may take several weeks.
If your application is accepted, you are invited to continue the process towards the application for permanent residence in Canada.
On the other hand, when you are refused, the law imposes a strict deadline on you within which, you must either appeal to the Refugee Appeal Division (SAR) or, depending on the circumstances, apply for authorization and request judicial review in the Federal Court.
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