Canada's Refugee Protection System

Canada’s refugee protection system is rooted in its commitment to humanitarian values and international law. Canada has long been recognized as a beacon of hope for individuals seeking refuge from persecution, conflict, and violence. Its refugee protection system is designed to offer safety and security to those who face grave threats in their home countries due to reasons such as race, religion, political beliefs, or belonging to a particular social group. By offering a structured, transparent, and fair process for refugee protection, Canada stands as a global leader in refugee resettlement and protection. Whether through inland refugee claims or resettlement programs, individuals who fear persecution in their home countries can seek the protection and security they need to rebuild their lives in Canada.

The Framework of Canada's Refugee System

Canada’s refugee system is based on its obligations under international law, particularly the 1951 Refugee Convention and its 1967 Protocol. These treaties commit Canada to provide protection to individuals who meet the definition of a refugee: someone who is outside their home country and has a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Canada’s domestic laws, most notably the Immigration and Refugee Protection Act (IRPA), reflect these international commitments.

Canada’s refugee protection system operates through two primary programs:

1. Refugee Protection from Within Canada: This is for people who are already in Canada and wish to make a refugee claim because they fear persecution if they return to their home country.

2. Refugee Resettlement from Outside Canada: This program helps individuals who are recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR) or by another country’s government to come to Canada.

Seeking Refugee Protection in Canada: The Process

Individuals seeking refugee protection in Canada can do so through the Inland Refugee Protection Claim or by being recognized as refugees from outside the country through resettlement programs.

Inland Refugee Claims

People who are already in Canada can make a refugee protection claim at any port of entry (such as an airport or land border crossing) or at an Immigration, Refugees and Citizenship Canada (IRCC) office. When a claim is made, immigration officials will conduct an initial screening to determine whether the claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB), an independent tribunal that makes decisions on refugee claims.

A claim can be considered eligible if:

• The claimant is not inadmissible on grounds of serious criminality or security concerns.

• The claimant is not subject to an extradition order.

• The claimant has not already been recognized as a refugee in another country.

• The claimant has not previously made a refugee claim in Canada that was rejected.

Once the claim is determined to be eligible, it is referred to the Refugee Protection Division (RPD) of the IRB, where a hearing will be scheduled. During this hearing, the claimant must present evidence to support their fear of persecution and explain why they cannot return to their home country. Legal representation is allowed, and claimants are encouraged to provide documents such as reports on country conditions or personal testimonies that support their claim.

Refugee Resettlement Programs

Canada also has a robust system for resettling refugees from outside its borders. The three main programs through which refugees can be resettled are:

1. Government-Assisted Refugees (GARs): These are individuals identified by the UNHCR and referred to Canada for resettlement. Upon arrival, they receive financial support and essential services from the Canadian government for up to one year.

2. Private Sponsorship of Refugees (PSRs): In this program, private sponsors, such as community groups, churches, or individuals, commit to providing financial and emotional support to refugees for up to one year, ensuring their integration into Canadian society.

3. Blended Visa Office-Referred Program (BVOR): This is a hybrid model where the government and private sponsors share responsibility for supporting the resettled refugees.

Safe Third Country Agreement (STCA)

It is important to note that Canada has a Safe Third Country Agreement (STCA) with the United States. According to this agreement, individuals who enter Canada from the U.S. at a land border crossing cannot make a refugee claim in Canada, as the U.S. is considered a safe country where they could have sought asylum. However, there are exceptions to this rule, such as individuals with family in Canada or unaccompanied minors, who may still be eligible to make a refugee claim.

Appeals and Reviews

If the IRB rejects a refugee claim, the claimant may appeal the decision to the Refugee Appeal Division (RAD), which reviews the case based on the facts presented at the original hearing. If the claim is still rejected, the individual may apply for a judicial review by the Federal Court of Canada. In some cases, even rejected claimants may apply for a Pre-Removal Risk Assessment (PRRA) to evaluate if they would face danger if deported.

Support and Integration for Refugees in Canada

Once a person is granted refugee status in Canada, they are given protected person status, which allows them to live, work, and study in Canada. Protected persons are eligible to apply for permanent residency and eventually for Canadian citizenship if they meet the requirements.

Canada also provides various services to help refugees integrate into society, including language training, employment assistance, healthcare, and housing support. This helps refugees become self-sufficient and contributes to the country’s multicultural and diverse fabric.