Will Canadian immigration officials crack down on refugee claims?
Canada is known for its commitment to protecting the rights of refugees and asylum seekers. Individuals who fear persecution, risk to their life, or inhumane treatment in their home country may seek asylum in Canada. Although often considered a leader in providing aid to refugees, officials argue that changes are needed.
Canadian officials report that there were more than 260,000 refugee claims pending review as of October 2024. This is the highest number in the country’s history. These individuals are often international students who enter Canada to further their studies and file for refugee status to receive protection from returning to their birth country. Critics argue that these individuals are not truly seeking asylum, but instead looking for a way to retain permanent status in Canada.
This debate has led officials to question whether they should adjust how they handle the refugee process.
Who can seek asylum in Canada?
To be eligible for asylum in Canada, individuals must prove that they are unable to return to their home country safely because they would face persecution due to race, religion, nationality, political opinion, or membership in a particular social group or would face a risk to their life or risk of cruel and unusual treatment or punishment. The process for asylum can vary depending on how the individual enters the country.
Canada generally requires refugees to seek protection in the first safe country they arrive in, which affects claimants coming from or through the United States. Canada and the United States recently announced a change to the law that guides this requirement, the Safe Third Country Agreement (SCTA). This recent change states that anyone who enters Canada through the land border or internal waterways must meet a STCA exception such as having a close family member in Canada, being under the age of 18, being at risk of the death penalty, or having a valid Canadian visa. If not, Canadian officials will return the individual to the United States.
How do I seek asylum in Canada?
The process of seeking asylum in Canada involves several steps. It generally includes:
- Making a claim: Either at a port of entry, at an inland immigration office, or online if already in Canada.
- Eligibility interview: An officer will determine if the claim can be referred to the Immigration and Refugee Board of Canada (IRB). This often includes a review to determine if the individual has committed a crime or received protection in another country. If eligible, the individual moves forward to the next step. If not, officials will issue a removal order.
- IRB hearing: The IRB will hold a hearing to decide on the claim.
- Decision: If accepted, the individual receives protected person status; otherwise, they can appeal the decision or face removal from Canada.
Those who face a denial at any stage of this process can consider an appeal.
What are my options if officials deny my request for asylum?
If the IRB rejects the claim, the applicant can move forward with an appeal to the Refugee Appeal Division (RAD). If the RAD also denies the claim, the Federal Court of Canada can review the decision. This review focuses on whether the law was applied correctly and fairly during the decision-making process. In some cases, individuals who are not eligible for asylum may apply for permanent residence on humanitarian and compassionate grounds if returning to their home country would cause undue hardship.
The recent attempts to crack down on refugee applications serve as a reminder of the importance of moving forward with a petition for asylum wisely. It is imperative to make sure your application is complete and provides sufficient evidence to support your claim. This can include personal identification and any travel documents, evidence of risks faced in the home country, such as police reports, medical records, or death threats, and witness statements or affidavits. It is also important to note that those who believe officials unfairly refuse their application for refugee status have options.
Although the process towards asylum is not easy, it remains a viable option for many. Those who believe they have a claim or want to appeal a denial are wise to seek legal counsel. A lawyer experienced in this niche area of the law can review your situation and help guide you through the process, working to help find a pathway to remain in Canada.