Foreigners who fear persecution, who are at serious risk of life and cannot obtain protection in their own country can seek refuge in Canada. Persons recognized as refugees can stay in Canada and can apply for permanent residence status.
Under Canadian immigration laws a person in Canada can claim Convention Refugee or a Person in Need of Protection status
Persons in Need of Protection is a person who is in Canada and who, if sent to his country of origin or country where he normally lives, would be subject to:
• a risk to their lives,
• risk of cruel and unusual treatment or punishment if:
· They are not able to obtain protection from their own government,
· The person would face the risk in all parts of the country, although the risk is not generally faced by other people in this country,
· Risk is not part of the legal penalties (unless these penalties violate international standards) and the risk is not caused by inadequate medical or health care.
2. Convention Refugee
Convention Refugees are people who live outside their country of origin and, for fear of persecution, cannot be protected within their country or return to it. This fear of persecution must be well founded and based on:
· Human Race,
· Political opinion
· Your participation in a particular social group (including groups such as gender, sexual orientation, past participation or groups that have chosen to participate).
Persecution includes threats of death, torture or imprisonment by the government, guerrillas or other non-governmental agents, such as an abusive husband. A person applying for asylum must also show that there is no alternative to internal flight or that there is nowhere in his country where he can live safely, free from the persecution he is facing.
Anyone who feels they are Persons in Need of Protection or Convention Refugee can apply for protection when they enter Canada or when they are inside the country. If the person is outside Canada, they can register for the Convention Refugee Abroad Class.
There are 2 ways to apply:
Apply at a port of entry (airport, land border, sea port) with Canada Border Services Agency (CBSA)
Apply within Canada with Immigration, Refugees & Citizenship Canada (IRCC)
If you feel that applying for asylum in Canada may be appropriate for your situation, we can help.
We have specialized consultants to work on your case.
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