Refugees Claim in Canada

Refugees Claim in Canada

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Refugees Claim in Canada

To get refugee protection, a claimant must prove they are either a Convention refugee or a person in need of protection. A Convention refugee is someone who cannot or does not want to return to their country because of a well-founded fear of being persecuted, based on at least one of these things:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group.

A social group can be:

  • A group someone is part of because of something they cannot change, such as their gender, sexual orientation, tribe, or relationship to a family member who is politically active.
  • A group they chose to be part of but cannot change now, because they belonged to it in the past. Example: having been a student at a certain school.
  • A group they chose to join out of deep conviction or principle, such as a labour union or a human rights organization.

A Convention refugee may fear persecution either by government authorities or others. To be a Convention refugee, a claimant who fears persecution by others must show that their government cannot or will not protect them.

To be recognized as a Convention refugee, a claimant must also show that there is no place in their country that they could get to safely, where they would be free from the risk that they face, and where it would be reasonable to expect them to live. This is called the ‘internal flight alternative’.

Person in need of protection To get refugee protection, a claimant must prove they are either a Convention refugee or a person in need of protection. A person in need of protection is someone who would likely face at least one of these things if they are forced to return to their home country:

  • Torture
  • A risk to life
  • A risk of cruel and unusual treatment
  • A risk of cruel and unusual punishment.
In the last three situations of risk, they must show all of the following:
    • They are not able to get protection from their own government.
    • The risk affects them personally. It is not a general risk faced by others in the country. For example, the risk is not the result of a famine or civil war.

  • The risk is not the result of laws, such as punishment for committing a crime, unless these laws violate international standards.
  • The risk is not caused by a lack of medical care in their country, unless they cannot get care because of persecution or discrimination.

A claimant must also show that there is no place in their country that they could get to safely, where they would be free from the risk that they face, and where it would be reasonable to expect them to live. This is called the ‘internal flight alternative’.

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Rupinder Minhas

B.Tech., LL.B (HONS)
Barrister & Solicitor
(905) 671-9244
rupinder@minhaslawyers.ca

EP9_0090-E1

Jessica Virk

B.A., LL.B. (HONS)
Barrister & Solicitor
(905) 671-9244
jvirk@minhaslawyers.ca

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