Canada is known for its generous and understanding approach to persons who seek protection at its borders. However, there is a misconception about the system. Many people believe that it is the easiest way to obtain permanent residence. Often, people are persuaded by friends or their friends to seek refugee protection even if it is clear that such application will be eventually refused. Many years are lost, lives destroyed and families separated because of a wrong advice at the onset of the journey.
Never apply for a refugee status unless you are fully confident that your situation warrants protection under the Act. If you are reading this before you begin the journey to Canada , read about what a refugee is:
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
If you are in Canada and you are thinking of claiming refugee protection, contact a reputable professional to find out what your chances are – often, there is a better way to become permanent resident. Even if it would mean that you cannot enjoy the benefits of being in the process. At the end of the day, the easy way is often the way that leads nowhere.
Contact T&CS Canada if you have questions or doubts. We are here to help you with anything concerning immigration to Canada.