If you live outside of Canada and are in need of asylum, you may be able to make a Refugee Claim to be considered by the Refugee Protection Division in Canada. Generally speaking, you may be able to apply for refugee status in Canada if you are a Convention Refugee or a Person in Need of Protection.
Who is a Convention Refugee?
A convention refugee is someone who is outside of his or her country of nationality and has a well-founded fear of prosecution for one of these reasons:
- Race
- Religion
- Nationality
- Your political opinion
- Membership of a particular social group.
Who is a Person in Need of Protection?
If you do not fit into one of the above categories, you may be a Person in Need of Protection if, in the event that you were removed to your country of origin, you would be personally subjected to:
- A danger of torture
- A risk to your life,
- A risk of cruel and unusual treatment or punishment.
At Forum Law, we can assist you in assessing the strength of your claim, preparing it, amending it and appearing on you behalf before the Refugee Protection Division.
My Refugee Claim Was Successful, what do I do next?
If your Refugee Claim was accepted, your next step is to prepare your permanent residence , though the waiting period may be longer if you are a Designated Foreign National.
What do I do if my Refugee Claim was rejected?
Depending on your particular circumstances, you may be able to appeal the decision to the Refugee Appeal Division. You have 15 days to file a Notice to Appeal with the Refugee Appeal Division from the time of receipt of the negative decision from the Refugee Protection Division. In some cases, you may not be able to appeal to the Refugee Appeal Decision, in which case you may apply to the Federal Court for a judicial review of the negative decision if you are within Canada.
At Forum Law, we are able to assist in determining your chances and grounds of appeal or judicial review, as well as prepare the documents and appear on your behalf. In the event of a successful initial claim or appeal, we are able to assist you in securing your permanent residence.
