Refugee and Appeal
Refugee & Appeal
We provide soft landing for your humanitarian needs
Refugees protection and appeal
For a claim for refugee protection to be accepted, you must meet the definition of a Conventional refugee or person in need of protection. You can apply outside or within Canada for refugee protection. You can get sponsored by an eligible private group to come into Canada as a refugee. You can also apply by yourself to the officers at the boarder or at the IRCC offices. The Canadian refugee system has two main parts: The Refugee and Humanitarian Resettlement Program, for people who need protection from outside Canada and The In-Canada Asylum Program for people making refugee protection claims from within Canada. Your claim will be referred to the Refugee Protection Department where the tribunal will decide on the merit of your claim. Your claim will be allowed if you are found to be a Conventional refugee or a person in need of protection. If otherwise, your claim will be rejected. If your claim is accepted, the conditional removal order initially issued when you applied for protection is rescinded and you may apply for permanent residency along with your spouse and dependent children both in and outside Canada.
Appeal
If your case is rejected, you may appeal the decision to the Refugee Appeal Division. A satisfactory decision at the Appeal Tribunal voids the earlier decision and you can apply for permanent residency along with your spouse and dependent children both in and outside Canada.
Leave for judicial review
If your case is dismissed at the Appeal tribunal, you can file a leave for judicial review at the Federal Court. A judge may grant an application for a judicial review. If it is granted, the tribunal decision is set aside, and the case is sent back to the tribunal to be reconsidered.
Pre-removal risk assessment PRRA
This program exemplifies another commitment of Canada to the principle of non-refoulment. The program is applicable to people who are about to be removed from Canada but are desperate to stay because they have a well-founded fear of persecution or a risk of torture, risk to life or risk of cruel and unusual treatment or punishment. A successful PRRA applicant will be granted refugee protection and may apply for permanent residence.
Humanitarian and compassionate consideration
This program enables applicants who do not meet the requirements for other programs to remain in Canada. Those that do not qualify due to ineligibility, inadmissibility but still present compelling cases for permanent residence may apply under this class. Applicants may apply from both outside and within Canada to this program. Applicants that apply within Canada are usually under removal order and are making the application as their final effort to remain in Canada. Two criteria specifically considered in the determination of H&C are Best Interest of the Child and Public Policy considerations. Each application is assessed on its own merit. The only solution for an unsuccessful application under H&C is to seek leave for judicial review.
