Canadian charter of Rights and Freedom gives the right to life, liberty and security to any person. This makes Canada the most respectable place in the world among the refugees. Canada is among few countries which protect the refugees and assures that they are not sent back to home country to face the dreadful situation there. An individual who is willing to take refugee protection in Canada is always recommended to be represented by a Canadian attorney as it is a complex process.
Eligibility to Get a Refugee Status in Canada
The following persons are not eligible to get a refugee status in Canada:
- An individual who has come to Canada via “safe third country”.
- An individual’s claim to be a refugee is void if there are criminal cases against him either in form of organized crime or violation of human rights.
- If an individual has earlier tried to claim a refugee status in Canada.
- If an individual is already a refugee in another country and can go back to that country.
Immigration and Refugee Board
Upon receiving the claims from individuals, if any claimant is found to be eligible, then his file is sent to Immigration and Refugee Board. Immigration and Refugee Board determines the genuineness of claimant to be a refugee. The claimant has to attend the hearing of Immigration and Refugee Board which takes place about 12 months after the claimant’s submission to be a refugee. The hearing takes place after the claimant has submitted Personal Information Form to the Board.
The claimant can apply for permanent Canadian residency, if the Immigration and Refugee Board finds the claims of the claimant to be genuine. If the Immigration and Refugee Board refuses to agree to the claims made, the claimant can approach the Federal Court of Canada. If the Court also rejects the application made by the claimant, such individual is deported from Canada.
Count on ECC Visa experts to guide you through the process in a hassle-free manner.