Refugee

1 

Refugee

In Canada, individuals can apply for refugee status if they fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. They must also be unable to return to their home country due to this fear or risk of harm. 

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Who can apply:

• Those at risk of torture or cruel and inhuman treatment:

  Individuals facing a risk of torture, risk to their life, or cruel and unusual treatment or punishment in their home country. 

• Those who are members of a particular social group:

  This includes individuals facing persecution based on their gender, sexual orientation, or other personal characteristics. 

• Those who are a person in need of protection:

  Individuals who cannot return to their home country because they would face a risk of torture, risk to their life, or risk of cruel and inhuman treatment or punishment. 

• Foreign nationals:

  Individuals who are not Canadian citizens or permanent residents and are at risk of harm in their home country. 

• Those fleeing persecution:

  Anyone who fears persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. 

To be eligible, you generally need to: 

• Be physically present in Canada: This can be at a port of entry or within the country. 

• Demonstrate your fear of persecution: You need to provide evidence to the Immigration and Refugee Board of Canada (IRB) that you have a well-founded fear of persecution. 

• Meet the definition of a Convention refugee or a person in need of protection: The IRB will assess your claim and determine if you meet these criteria. 

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Withdrawing refugee claim

Yes, you can withdraw your refugee claim in Canada. To do so, you need to complete the Notice of Withdrawal of a Claim for Refugee Protection form and submit it to the Refugee Protection Division (RPD). Once withdrawn, you will not be able to make another refugee claim in Canada. 

Here's a more detailed explanation:

• Permanent Residence:

  If you are granted permanent residence through a different policy or program, you may be required to withdraw your refugee claim as a final condition. 

• Legal Advice:

  It's crucial to seek legal advice before withdrawing your claim, as there are potentially significant consequences. 

• No Re-opening:

  Withdrawing a claim makes it very difficult to re-open or re-file a claim in the future. 

• Formal Withdrawal:

  You must formally inform the RPD that you are withdrawing your claim using the designated form. 

• Consequences:

  Withdrawing your claim means you forfeit your right to pursue refugee protection in Canada and will likely be subject to removal. 

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Can I marry as a refugee claimant

Yes, refugees in Canada can marry. A refugee claimant has the same rights to marry as any other resident of Canada. However, there are specific legal steps to follow, and it's important to understand the potential implications for their refugee claim. 

Legal Requirements for Marriage:

• Minimum Age: Both parties must be at least 18 years old. 

• Legal Capacity: Both parties must be legally capable of entering into a marriage. 

• Identification: Valid identification documents are required. 

• Consent: Both parties must freely and voluntarily consent to the marriage. 

• Proper Registration: The marriage must be legally registered in Canada. 

Potential Implications for Refugee Claims:

• Timing of Marriage:

  The timing of a marriage, especially during a pending refugee claim, can be scrutinized for credibility and genuineness. 

• Spousal Sponsorship:

  Marrying a Canadian citizen or permanent resident can lead to the possibility of being sponsored for permanent residence, but it doesn't guarantee citizenship. 

• Credibility:

  A marriage during the refugee claim process can raise questions about the authenticity of the claim.