Canada offers protection to individuals fleeing persecution, violence, or human rights violations. Refugees and asylum seekers can apply for protection through two main pathways: resettlement from abroad and asylum claims within Canada.
1. Refugee Resettlement from Outside Canada
This process is for refugees referred by the United Nations Refugee Agency (UNHCR), a private sponsor, or another authorized organization.
Eligibility
- Individuals must be outside their home country and unable to return due to a well-founded fear of persecution.
- Canada has two resettlement programs:
- Government-Assisted Refugee (GAR) Program – Refugees are supported by the Canadian government.
- Private Sponsorship of Refugees (PSR) Program – Refugees are sponsored by private groups or community organizations.
Application Process
- UNHCR or a sponsor refers the refugee to Canada.
- Canadian immigration authorities assess eligibility, security, and medical requirements.
- If approved, the refugee is given permanent resident status and resettlement support.
2. Claiming Asylum from Within Canada
Individuals already in Canada can claim asylum at a port of entry (airport, land border, seaport) or after arrival.
Step 1: Determine Eligibility
- The Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) assesses if the claim is eligible.
- Claims may be ineligible if the claimant:
- Has a previous asylum claim denied in Canada.
- Entered through a Safe Third Country Agreement (STCA) land border (exceptions apply).
- Has committed serious crimes or poses security risks.
Step 2: Submit an Asylum Claim
- Claims at the border are processed by CBSA, while claims made inside Canada go through IRCC.
- Claimants must submit the Basis of Claim (BOC) form, explaining why they fear returning to their country.
Step 3: Work and Health Coverage
- Eligible asylum seekers can apply for an Interim Federal Health Program (IFHP) for medical care.
- They can also apply for a work permit while waiting for a decision.
Step 4: Refugee Hearing at the Immigration and Refugee Board (IRB)
- The IRB schedules a refugee hearing to assess the claim.
- Claimants present evidence, testimonies, and supporting documents.
- A decision is made based on Canadian and international refugee laws.
Step 5: Decision and Next Steps
- Approved Claims: Successful claimants receive protected person status and can apply for permanent residency.
- Rejected Claims:
- Some claimants may appeal to the Refugee Appeal Division (RAD).
- If ineligible for appeal, they may apply for a judicial review in Federal Court.
- If all appeals fail, the individual may be asked to leave Canada.