Immigration Corner | Qualifying as a refugee to Canada

Dear Miss Powell,

I keep hearing of people getting to stay in Canada as refugees. They say you just need to apply at one of the borders. I have a USA visa, and so I’d like to go to one of the borders to apply. How do I qualify? What are the requirements? Thank you in advance for helping me.

– JE

Dear JE,

The Canadian government has a generous refugee system. However, to qualify you would need to provide proof that you have been forced to flee your home country because of a genuine fear of persecution or harm. You also need to prove that you are not able to return to your home country, and that you cannot get the assistance of your own government.

Refugee claimants are different from resettled refugees. Asylum seekers may make a refugee claim in Canada at a port of entry or online at the government’s website. These claims are governed in part by international treaties and Canadian laws.

THE SAFE THIRD COUNTRY AGREEMENT

In 2004, Canada and the USA signed the Safe Third Country Agreement that stipulates that a refugee claimant must seek protection in the first safe country in which they arrive. This means that your claim could be denied if you are applying at a land border port of entry between Canada and the USA.

There are exceptions to this rule. This would not be applicable to individuals who arrive from the USA by sea, between the ports of entry or at an airport. Additionally, some claims may be accepted from claimants who have a family member in Canada; unaccompanied minors under the age of 18; individuals holding a valid Canadian visa; and those who have been charged with or convicted of an offence that could subject them to the death penalty in the USA or in a third country. Additionally, if individuals cross at a ‘non-designated’ port of entry, then their application could be considered.

REQUIREMENTS

For your claim to be successful, you would need to be outside of your home country and unable to return because of a genuine fear that if you were to return to home country, that you would be personally subjected to personal harm, danger, torture, cruel and unusual treatment. You must clearly demonstrate that you are unable to get the help and protection of your own government.

You will be required to provide tangible proof that your suffering has resulted from an invasion or attack of your home country, violence in your country, or based on factors such as race, gender, nationality, political opinion, membership of a particular group, or clearly showing some special circumstances that require the intervention and protection of Canada.

Canada pays close attention to world affairs and works closely with the United Nations Refugee Agency (UNHCR), the International Organization for Migration, and other organisations to establish the Canadian Refugee and Humanitarian Resettlement Programme. This is a programme for people who are in need of protection from outside Canada. These individuals are usually individuals who are in refugee camps and, in many instances, the UNHCR, along with private sponsors, have identified and recommended individuals to the government of Canada to grant asylum to these persons.

In some cases, there are obvious urgent need for resettlement, and the UNHCR has requested that the government of Canada assists individuals who have been victims of violence and natural disaster and violence. In recent years we have seen the crisis in Haiti, Afghanistan, Syria and Ukraine, and the government of Canada has rescued individuals from these countries.

Individuals can also apply at one of Canada’s borders for resettlement through the In-Canada Asylum Programme. Individual can apply for refugee protection at any port of entry on arrival in Canada. This means you can apply at an airport, seaport or land border. The officer will provide you with the necessary application forms at the port of entry. Therefore, it is important that you have documents to support your claim, as you will be expected to complete the application at the port of entry and undergo screening before you are allowed in.

You will be expected to outline the details of your case and the risk you face in your home country or the country from which you fled. The border security officer will begin by conducting a background screening which involves security checks, criminality checks, health checks and questioning. If you are found to be ineligible, you may be detained or required to leave Canada.

WHO WILL NOT QUALIFY

People who have left their home country because of economic hardship will not qualify. A refugee is different from an immigrant. An immigrant is a person who chooses to move to another country. Refugees are usually forced to flee because of a sudden and tragic situation.

Individuals who have been previously convicted of a serious criminal offence or have already applied to Canada and have been denied; abandoned; or withdrawn a refugee claim are not eligible to apply.

Your country of origin and place of entry into Canada play a significant role in your application. You must have a tangible reason. Canadian Border Services Agency or Immigration, Refugee and Citizenship Canada officials will determine if an individual is eligible to be referred to the Immigration and Refugee Board for a formal hearing.

You did not state the reason that you want to seek asylum in Canada. What is the persecution or risk that you are facing in your home country? Do you have a unique situation that warrants the protection of the Canadian government?

If you are not facing an imminent risk, then I recommend that you consult with an immigration lawyer to see if there are other programmes available to you based on your work experience, education, and financial resources.

Deidre S. Powell is a lawyer, mediator and notary public with office located in Ottawa, Ontario. Submit your questions and comments via www.deidrepowell.com. Follow her on Facebook, Instagram or Twitter.