Canada, as a signatory of the 1951 Refugee Convention and the 1967 Protocol, is committed to providing protection to asylum seekers. This commitment ensures that no asylum seeker is returned to a country where they face the risk of torture, persecution, or other forms of serious harm. This guide provides detailed information on the conditions and process for applying for asylum within Canada, including how applicants can submit their claims and what to expect during the process.
Conditions for Asylum
Asylum claims in Canada are accepted from individuals who can present convincing reasons that they face a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. These reasons must be compelling enough to persuade the Immigration and Refugee Board (IRB) that the applicant cannot return to their home country. If the IRB is not convinced, the asylum claim will be rejected, and the applicant will be returned to their home country.
How to Apply for Asylum
There are two primary ways to apply for asylum in Canada:
- At the Border or Port of Entry: Applicants can make their claim when they arrive at a Canadian border or port of entry.
- Within Canada: Applicants can also make a claim after they have entered Canada by contacting Immigration, Refugees, and Citizenship Canada (IRCC).
In both cases, the claim will be referred to the IRB, which will make the final decision on the asylum claim.
Online Application Submission
Applicants can submit their asylum claims online either by themselves or through a representative. Here are the steps to follow:
- Create an Account: Visit the IRCC website and click on "Create an account" or directly access the Refugee Protection Portal. You will need a personal email to set up the account.
- Complete the Forms: Download and fill out the Representative Form (IMM 5476) if applying through a representative. Submit the completed forms online through the Refugee Protection Portal. After submission, you will receive a confirmation of your claim with a unique claim number in your account.
- Additional Documents for Representatives: If you are applying through a representative, also download and fill out the Use of a Representative Form. Submit these forms online to authorize your representative to handle your asylum claim.
Application Review
Once the asylum claim is submitted online, IRCC will review it for completeness. If there are any missing documents, IRCC will contact the applicant to request the necessary information. After the documents are verified, the following will be uploaded to the applicant's online account:
- Acknowledgement of Claim Letter: This grants the applicant temporary access to federal health services and other benefits.
- Medical Exam Instructions: Necessary for completing the health examinations.
- Appointment Notice: Date and time for the initial interview with an immigration officer.
Meeting with an Immigration Officer
Applicants must attend the scheduled appointment with all required documents, including passport and identity proof. During this meeting, biometric information (fingerprints and photo) will be collected, and the applicant will need to provide sufficient evidence to support their asylum claim. If a decision is not made during the interview, IRCC will schedule a follow-up interview.
Interview Process
Applicants will need to attend the scheduled interview with all necessary documents. The interview is a critical part of the asylum process where applicants must convincingly present their case to the officer, explaining their fear of persecution or torture if returned to their home country. Decisions might be communicated at the end of the interview or sent later via mail.
IRB Decision-Making Process
The IRB is responsible for the final decision on asylum claims. If the IRB finds the claim to be straightforward and well-documented, it may be processed quickly without a hearing. Otherwise, a hearing will be scheduled where the applicant will present their case in detail.
Hearing Process
The applicant will be notified of the hearing date and must submit all supporting documents at least 10 days before the hearing. If the applicant fails to attend, a special hearing will be scheduled to determine whether to continue or terminate the claim. It is crucial to attend and fully participate in the hearing to ensure a thorough review of the asylum claim.
Decision Outcome
The IRB will provide a written decision, detailing whether the claim is accepted or rejected. If accepted, the applicant receives protected status and can apply for permanent residence. If rejected, the applicant may appeal to the Refugee Appeal Division (RAD) or the Federal Court. Failure in appeals requires the applicant to leave Canada.
Permanent Residence
If the asylum claim is accepted, the applicant can apply for permanent residence through the IRCC website. This process involves verifying the eligibility of the applicant and their dependents. The applicant may also apply for a Refugee Travel Document and access federal health insurance.
Processing Time
The entire process, from the initial claim to the final decision, typically takes between 6 to 24 months. For claims requiring extensive background checks, the process might extend beyond 36 months. Throughout this period, applicants must remain in Canada until a final decision is made.
Conclusion
Applying for asylum in Canada involves multiple steps and detailed documentation. Understanding the process and requirements can significantly improve the chances of a successful claim. This guide aims to provide comprehensive information to help applicants navigate the asylum process within Canada effectively.
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