Refugee Claims

A successful refugee claim in most cases will result in a person being fully eligible for becoming a permanent resident in Canada. In most circumstances, an individual is eligible for an open work permit and/or study permit while they wait for their hearing which can take up to two years.

Eligibility

There are some restrictions in applying for a refugee claim which include, but are not limited to:

  • Having a removal order;

  • being found to be a Convention refugee by another country you can go to;

  • arriving via the  US-Canada border (there are exceptions that do apply, please contact us for more details);

  • being inadmissible to Canada on security grounds, criminal activity, or human rights violations;

  • making a prior refugee claim that was rejected; and

  • abandoning or withdrawing a prior refugee claim;

Timelines

A refugee claim can be made while inside of Canada or at a port of entry (airport, US-Canada border, etc.). If a claim is made at the port of entry, there is a 15 day deadline to submit the Basis of Claim form. At some point after the application is submitted, a hearing date will be set.

As of April 1, 2019 the wait time for a hearing is about 21 months. Some claimants will wait longer times than other claimants based on the complexity of the case among other factors.

All evidence must be submitted for hearing 10 days before the hearing date. Evidence must be submitted in accordance to the specific immigration rules and regulations.

Generally, written decision is given between 30 and 60 days from the hearing. If the claim is rejected, the failed claimant has only 15 days to apply for an appeal if they are eligible.

Legal Test

In order to be found a protected person, one must prove that they are a convention refugee or a person in need of protection.

In order to be found a Convention refugee they must prove they have a well-founded fear of persecution based on political opinion, religion, gender, race, nationality, sexuality or being part of a social group.

A person in need of protection is a person in Canada who, if they return to their country, would face the danger of torture, risk to their life, and risk of cruel and unusual treatment or punishment.

In order to prove one is either a Convention refugee or a person in need of protection, a number of strenuous legal tests need to be proven. Our immigration lawyer, Azhar Khan, is able to:

  • prepare one’s narrative for the claim

  • advise on the appropriate evidence required

  • properly submit evidence in accordance to the rules and regulations

  • prepare you for the hearing questions that we believe will be asked in that individual’s case

  • advise on eligibility of a refugee claim

  • advise on the likelihood of success for one’s case

  • attend the refugee hearing and prepare final submissions for it

  • prepare forms required to be filed

If you have any further questions, please contact our office.

All legal information and advice provided is up to date as of January 2020.

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Call us at 780-752-2966 today. You can also schedule a consultation by sending us an email.