An applicant making a refugee claim must prove that they are either a Convention refugee or a person in need of protection. If a claim is successful, the claimant is found to be a protected person and can apply for permanent residence under the Protected Persons and Convention Refugees class.<\/p>\n
Refugee claims can be made from within Canada or at a port of entry, for example, a Canadian international airport.<\/p>\n
An officer from IRCC or Canada Border Services Agency (CBSA) interviews the applicant to decide if they are eligible to make a refugee claim. If they are eligible, IRCC or CBSA sends their claim to the Immigration and Refugee Board (IRB).<\/p>\n
The IRB decides refugee claims. Once the claim is referred to the IRB, claimants have a right to a hearing, and to submit evidence to the IRB to support their claim.<\/p>\n
A Convention refugee must show a well-founded fear of being persecuted in their home country based on at least one of these things:<\/p>\n
Persecution can include situations where there is a reasonable chance that a person could experience serious harm, mistreatment, abuse, punishment, discrimination, harassment, or denial of their most basic human rights.<\/p>\n
A woman does not need to show that she has already been persecuted, but she does need to show a risk of persecution if she returns home.<\/p>\n
A Convention refugee may be afraid of being persecuted either by government authorities or others. A claimant who fears persecution by others must show that their government cannot or will not protect them.<\/p>\n
A person in need of protection is someone who would likely face at least one of these things if they are forced to return to their home country:<\/p>\n
If the claim is based on one of the 3 situations of risk, they must show all of the following:<\/p>\n
To prove that they are a Convention refugee or a person in need of protection, a claimant must also show that there is no place in their home country that they could get to safely, where:<\/p>\n
This is called the “internal flight alternative”.<\/p>\n<\/div>\n","protected":false},"featured_media":0,"template":"","class_list":["post-46105","publications-page","type-publications-page","status-publish","hentry"],"yoast_head":"\n