Every year, thousands of refugees seeking asylum apply for entry into Canada. As Canada is a signatory of the 1951 Convention Relating to the Status of Refugees, it is required to grant asylum to those who have a well-founded fear of returning to their home country, or the country of habitual residence. These people are known as ‘Convention Refugees’. Canada additionally provides protection for people in similar circumstances, that is, individuals who do not meet the strict definition of a refugee according to the Convention (ie. those who are in danger of being tortured).
The legislation that deals with refugee applications to Canada is called the Immigration and Refugee Protection Act (IRPA). Citizenship and Immigration Canada works together with the Canadian Border Services Agency to implement the policies that deal with admission of asylum-seekers.
Refugee claims can be made from inside or outside of Canada. Outside of Canada, refugee claims must be made by applying for a visa as a Convention refugee. Refugees may seek protection in Canada in one of two ways; they may make a claim when they arrive in Canada (at a land border, airport, etc.), or they can go to a Citizenship and Immigration office in Canada. If an immigration officer determines the claim to be eligible for referral, the asylum-seeker must then present his/her case to the Immigration and Refugee Board, which will determine if the claim is well-founded as defined by the IRPA. If the claim is accepted, the refugee is granted ‘protected person’ status, and may then apply to become a permanent resident or a citizen.
March 2008. By Justin Mohammed, UNHCR Ottawa
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| Travel document. |
