Claiming Asylum in Canada

Claiming Asylum in Canada

Canada respects its international obligations toward those who genuinely need help and protection. However, seeking asylum is not a shortcut to get around normal immigration rules and procedures. There must be legitimate reasons why you require asylum or it won’t be granted.

If you claim Asylum, you will face a rigorous process to determine whether or not you have a legitimate claim according to Canadian and international laws. This is to help make sure that all laws are followed to protect the safety, security and health of Canadians.

Every person seeking to enter Canada must appear for an examination at a port of entry to determine whether that person has a right to enter Canada, or may become authorized to enter and remain in Canada. If you would like to make an asylum claim in Canada, you can do so at a port of entry or at an inland Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) office.

CBSA or IRCC officials will determine if you are eligible to make a claim. Factors determining your eligibility to make a refugee claim include whether you have committed a serious crime, made a previous claim in Canada, or received protection in another country.

Irregular crossings into Canada

Some individuals enter Canada irregularly between designated ports of entry. This can be dangerous and is a violation of the law. For legal and personal safety reasons, you are encouraged to seek entry into Canada only at designated ports of entry.

People who are intercepted by the RCMP or local law enforcement after crossing the border irregularly are brought to the nearest CBSA or IRCC office, where an officer will conduct an immigration examination, including considering whether detention is warranted. At this point, individuals undergo health checks to address any immediate health needs, as well as security screenings to ensure that they do not pose a security threat to Canada and to determine whether they are eligible to make a refugee claim. These screenings include biographic and biometric checks (for example, fingerprinting). If required, a refugee claim will be started.

If the claim is determined to be eligible, it will be referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) for a hearing. In most cases, the foreign national will be released on terms and conditions while they await their hearing.

Receiving a decision on a refugee claim

Positive decision

Upon receiving a positive decision on their refugee claim, claimants receive protected person status with the full spectrum of federally funded settlement services becoming available to them. A positive Pre-Removal Risk Assessment decision also results in protected person status for the individual in most cases. This means that individuals can stay in Canada and apply to become a permanent resident in most cases.

Once you receive a positive decision,  your team can assist you with your application for permanent residency. Contact us to get your application started.

Negative decision

If a claim is rejected by the Refugee Protection Division, individuals may be able to appeal the decision to the Refugee Appeal Division of the IRB. If individuals have no right to appeal to the Refugee Appeal Division, they can ask the Federal Court to review the decision.

Once all avenues of appeal have been exhausted, the conditional removal order that was issued at the time the refugee claim was initially made becomes enforceable in order to allow for the removal of the individuals.

To learn more about claiming asylum and how it fits with your situation specifically, please contact us at info@activeprofessionals.com.

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