The In-Canada Asylum program is designed for people making refugee protection claims from within Canada. The stepping stone of the asylum program is to provide refugee protection to people in Canada who have a well-founded fear of persecution or are at risk of torture, or cruel or unusual punishment in their home countries. Many refugees come from around the world and make their claims in Canada. The number of people arriving varies from year to year.
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IN-CANADA ASYLUM PROGRAM
ELIGIBILITY REQUIREMENTS
Not everyone is eligible to make a refugee claim. For example, people convicted of serious criminal offences and people who have had previous refugee claims denied by Canada are not eligible to make a claim.
Also, a person is not eligible if she or he:
- Has been recognized as a Convention refugee by another country to which he/she can return
- Has already been granted protected person status in Canada
- Arrived via the Canada-United States border
- Made a previous refugee claim that was found to be ineligible for referral to the IRB
- Abandoned or withdrew a previous refugee claim
APPLICATION PROCESS
Claimants have two options to choose from where to apply for a refugee status: at the point of entry (airport, seaport or land border) or at designated CIC offices. In order to apply, claimants have to provide information about their background, their family, and the reason why they want to make a claim for refugee protection. If a claimant is eligible to make a refugee claim, he/she will have to attend a hearing at the Immigration and Refugee Board of Canada (IRB).
An independent administrative tribunal also known as Immigration and Refugee Board of Canada (IRB) makes decisions if the claimant is a genuine refugee and deserves protection in Canada. In general, refugee claims are heard by the IRB within 60 days. For people who come from a designated country of origin, asylum claims are processed faster.
IMMIGRATION AND REFUGEE BOARD HEARING
If the IRB accepts the claim, the claimant can stay in Canada and apply to become a permanent resident inside Canada. If IRB rejects the claim, the claimant has to leave Canada; however, there may be some options to stay. Canada does not want to send people back to a country where they will be in danger or would face the risk of persecution. The following are the options for applicant to stay in Canada under the refugee status:
- Pre-removal risk assessment
- Applying to the Refugee Appeal Division at the IRB
- Applying to the Federal Court of Canada for judicial review
- Humanitarian and compassionate grounds
