One way to apply for asylum in Canada is to do so upon entering the country at its borders or a port of entry. As Canada is a signatory to the Geneva Convention, it reviews asylum applications and grants protection if the conditions are met. This article analyzes the asylum process through Canada’s official borders and ports and is particularly valuable for those looking to apply for asylum immediately upon arrival in the country.
Who Can Apply for Asylum?
Individuals who can apply for asylum must provide convincing reasons that they fear torture or persecution based on religious beliefs, nationality, political opinions, or membership in a particular social group. These reasons must be compelling enough to convince both the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB).
Steps to Apply for Asylum at Borders or Ports of Entry
Upon entering Canada, individuals can express their desire to seek asylum to the CBSA officers at the border or port of entry. This process can be done at various entry points, including airports, seaports, and land stations in Canada. The applicant must approach a CBSA officer and express their asylum claim. The officer will request the applicant to download and complete the Basis of Claim (BOC) Form. Typically, the form is completed at the port of entry and submitted along with identification and other documents. The applicant will be asked questions about their status and reasons for not returning to their country of origin. Biometric information, including fingerprints and photographs, will also be collected.
It’s worth noting that the applicant will only need to submit their asylum application online if instructed to do so by the officer. If the officer asks the applicant to complete the BOC Form and refers them to the IRB, there is no need to submit an online application.
Responsibilities of the Border Officer
The officer reviews the applicant’s request in accordance with Canadian laws and internal procedures to ensure that the request can be processed in Canada. The officer is responsible for deciding whether the asylum request qualifies to be referred to the IRB.
What Happens If the Officer Rejects the Request?
If the asylum request is rejected, it may be due to reasons such as not providing convincing evidence based on religious beliefs, nationality, political opinions, or membership in a particular social group. Economic, recreational, or other non-serious reasons for seeking asylum are not acceptable. Asylum seekers from safe countries or those who have previously sought asylum in another country generally have no chance of acceptance. An applicant previously rejected in Canada or convicted of a serious crime may not qualify for asylum in Canada. If the officer determines that there is no risk of death or torture and the applicant can return to their country, the asylum request will be denied, and the applicant will be returned to their country.
What Happens If the Officer Accepts the Request?
If the officer finds the asylum request to be valid, they will assist the applicant in completing all necessary documentation. The applicant should ensure that all family members, including a spouse and children, are mentioned in the asylum application to include them in the permanent residence application if the asylum claim is accepted.
If the officer deems the request valid, they will provide the applicant with the following for further processing:
- A document providing temporary access to federal health services and other services in Canada.
- A Confirmation of Referral Letter confirming that the asylum application has been referred to the IRB.
- The original BOC Form.
- Instructions for completing medical examinations.
What Happens After Submission?
Based on the documents provided after the interview, the applicant will be recognized as a refugee in Canada and will have temporary access to federal health services and other services. The applicant’s request will then be forwarded to the IRB for further processing.
Individuals who apply for asylum at the borders and ports of entry and are eligible will have their request referred to the IRB for a decision. Eligible applicants must complete and submit all required documents to the Refugee Protection Division of the IRB within 15 days.
Acceptance of the Application
The final decision regarding the acceptance of the asylum request falls under the jurisdiction of the IRB. If the applicant provides sufficient evidence of their threat and no further questions remain, the IRB will accept the request and send a decision to grant asylum to the applicant. If the IRB deems it necessary, a hearing will be scheduled where the applicant will be interviewed and provide additional information. The applicant will attend the hearing on the scheduled date and time. If the applicant has witnesses to support their claims, the witnesses will testify to corroborate the applicant’s statements. The applicant will explain their fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinions, and whether they qualify as a refugee under the Geneva Convention or Canadian law. If the panel decides to grant asylum, they will communicate their decision orally at the end of the hearing and send a written decision within a month. For details on preparing for a hearing, refer to the IRB Guide.
What Happens After the Request is Accepted?
If the IRB accepts the request, the applicant will receive "Protected Person" status. This means the applicant meets the requirements for staying in Canada, applying for permanent residency, citizenship, and obtaining work and study permits.
Work and Study Permits
Those who have officially submitted their asylum application to Immigration, Refugees and Citizenship Canada (IRCC) can also apply for work and study permits. To apply, the applicant should visit the work and study permits page on the IRCC website and submit the necessary forms for work or study permits, or both. Applicants will receive work and study permits for a specific period, which can be renewed.
Canadian Citizenship
To apply for Canadian citizenship, the applicant should prepare their application and submit it through the Canadian Citizenship page on the IRCC website. The applicant can also apply for citizenship for their spouse and children. Afterward, the applicant will receive permanent residency through a brief interview with an IRCC immigration officer.
Entry from the U.S. to Canada
Canada has imposed restrictions on asylum claims at official land ports of entry. Under an agreement, individuals coming from the United States cannot claim asylum at the Canadian border unless they qualify for exceptions under this agreement. Exceptions include having a valid Canadian visa, work or study permit, being under 18 and unaccompanied in the U.S., having close family members in Canada, facing the death penalty in their country or the U.S., or being a stateless person residing in the U.S. Close family members include spouses, common-law partners, legal guardians, children, parents, siblings, grandparents, grandchildren, aunts, nephews, or nieces.
Preventing Deportation from Canada
Canada is committed to not deporting individuals who are at risk of persecution in their country of origin. If an asylum claim is rejected in Canada, the individual must leave the country. However, there is a possibility to prevent deportation. Individuals who have been issued a removal order can request a Pre-Removal Risk Assessment (PRRA) from Immigration, Refugees and Citizenship Canada. The PRRA officer will review the request. Eligible PRRA applicants will receive an application form and guidelines. Following this, the removal order will be suspended. PRRA applicants can use this opportunity to submit a letter and documents explaining the risks they would face if removed from Canada.
Useful links
For more information about asylum in Canada, visit the IRCC Asylum Information page. For further details on applying for asylum upon arrival in Canada, visit the Apply for Protection Inside Canada page. To learn about the application process at the IRB, refer to the IRB Application Process page.
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