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Refugees & Protected Persons
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Not every foreign national who arrives in Canada is chasing a personal dream, seeking opportunity to realize his or her own professional and economic potential, pursuing a personal goal, or joining a loved-one already residing in Canada. Some come to Canada because they have no choice. They are fleeing their own countries of origin, where they have been victims of persecution because of their racial or ethnic identity, their political opinions, their religious beliefs, their membership in a particular social group, or their sexual orientation. There are still many countries where same-sex relationships are forbidden by law on penalty of death.
Canada's international reputation as a place of refuge for victims of persecution is well-earned. Canada takes seriously its obligation under international law not to return anyone to a country where he or she will be at risk of death, unfair and inhumane treatment, including torture, or cruel and inhumane punishment.
If asylum seekers can establish that their fears are genuine, and the risks posed by returning to their country of origin are real, Canada will grant them the status of "protected persons." Most will be entitled to apply for permanent resident status within 180 days of being granted protected person status.
"Protected person" status is the outcome of two processes:
Refugee Claims
If you have been a victim of persecution in your country of origin - or returning to your country of origin would expose you to risk of death, unfair and inhumane treatment, or cruel and unusual punishment - you may be eligible to make a refugee claim in Canada. At a hearing of the Refugee Protection Division of the Immigration and Refugee Board, you will have the opportunity to establish both the genuineness of your fears and the objective reality of the risks you would face if returned to your country of origin.
Pre-Removal Risk Assessment (PRRA)
If you are under order from Citizenship and Immigration Canada to be removed from Canada, you may have the opportunity to submit an application for a Pre-Removal Risk Assessment , or PRRA. This is an opportunity to demonstrate that your fears of returning to your country of origin are genuine and based on the risks to which you will be exposed should your be involuntary returned.
Refugee Claims and PRRA applications are not alternative strategies for seeking permanent residence in Canada by people who do not qualify under "family," "skilled worker," or "business" immigration classes. They are intended for people whose fears are genuine and based on the objective reality of the risks they would face if returned to their countries of origin. In both the Refugee and PRRA processes, the issues are complex, qualifying criteria are narrowly and legalistically defined, and the burden of proof onerous. If your sexual orientation - or your religious beliefs, political opinions, your racial or ethnic identity - have exposed you to persecution and personal danger in your country of origin, you are well-advised to engage the services of qualified legal counsel before you seek Protected Person status in Canada.
Immigration To Canada has the experience to provide you with an assessment of your eligibility for "protected person" status and the skills required to guide you through either the Refugee and/or the PRRA process.
Contact our offices today to speak with a refugee claims specialist.
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