Refugee Protection Claims

Canadian Refugee Protection

Are you facing challenges with your refugee claim application or need help with the appeals process? Our experienced refugee claims lawyers at BridgeWay Canada are here to guide you every step of the way. We provide support throughout the entire process, helping you overcome any obstacles.

Canada is a diverse country that values human rights, as outlined in its Charter of Rights and Freedoms, which protects everyone from discrimination. Sadly, not all countries offer the same protections, which is why Canada welcomes refugees who meet the legal requirements to live in safety.

You can make a refugee claim whether you are in Canada or abroad. The process includes submitting a Basis of Claim form and attending a refugee hearing. Learn more about how you can apply for refugee protection today!

Who is Considered a Refugee?

A person is recognized as a refugee if they fear persecution in their home country or country of residence. This fear can be based on:

Race
Religion
Membership in a specific social group (such as sexual orientation or gender)
Political opinion
Nationality

A refugee must prove that their country is unable or unwilling to provide adequate protection. They must also show that returning to their home country would expose them to the risk of serious harm, such as torture, punishment, or death.

If you believe you are eligible for refugee protection, contact BridgeWay Canada today for professional assistance with your claim.

Key Features of the Balanced Refugee Reform Act Affecting Refugee Status Applications

The Balanced Refugee Reform Act introduced several changes aimed at improving the refugee asylum system in Canada. These reforms focus on faster decision-making, smoother integration for refugees, and quicker removal of failed refugee claimants. Key changes include:

Designated Countries of Origin (DCO): A list of countries typically not producing refugees due to state protection and human rights standards. Refugee claims from these countries are processed faster.
Refugee Appeal Division (RAD): Created within the Immigration and Refugee Board (IRB), allowing refugee applicants to appeal decisions made by the Refugee Protection Division by filing a Notice of Appeal.
Public Servant Decision Makers: Hearings are now conducted by public servants instead of appointed members, speeding up the process.
Faster Appeal Decisions: Appeals are processed within 90 days, with failed claimants required to exit Canada within 12 months.
Restrictions on Post-Negative Decisions: Claimants are barred from applying for pre-removal risk assessments and humanitarian and compassionate (H&C) applications for one year after a negative IRB decision.
Basis of Claim Form (BOC): The BOC form has replaced the Personal Information Form (PIF), simplifying the application process.

Process to Apply for Refugee Status in Canada

The Refugee Protection Claim Program allows individuals to apply for refugee status in Canada under the following circumstances:

Inside Canada: Refugee claims can be made within Canada if the applicant has a well-founded fear of harm, punishment, or torture in their home country and is unwilling to return.
At a Port of Entry or Inland Office: Claims can be made upon arriving at a Canadian entry point or at any inland office during admissibility hearings, as long as no removal order has been issued.
Outside Canada: Individuals can apply for refugee status outside of Canada through a Canadian Embassy or High Commission, under the Convention Refugee or Humanitarian Protected Person class.
Judicial Review: After submitting an application, it will be reviewed by a panel or immigration officers. If the application is denied, the claimant will be informed in writing.
Appeal Process: If refused, an application for leave and judicial review can be filed within 15 days of receiving the refusal from the Immigration and Refugee Board (IRB) or Refugee Protection Division (RPD), or within 60 days if the refusal is from a Canadian visa office abroad.