Canada has obligation under International law to accept refugees who are fleeing their countries because of fear of persecution for reasons of race, religion, gender, political beliefs or membership in a particular social group, such as being a woman, gay or lesbian.
The refugee claim can be made from within Canada as well as from outside Canada. The process for refugee claims made outside, which is described in other article, is different from the claims made from within Canada, which is the subject matter of the present article.
Once a person puts his foot in Canada and claims refugee protection, he or she cannot be deported from Canada until the resolution of his claim by the Immigration & Refugee Board (IRB).
The burden of proof is on the applicant who has to show at least 3 personal incidents of persecution or incidents of persecution to person’s related to him or persons in his situation.
If the refugee claim is accepted by the IRB, the applicant can apply for Canada PR status and thereafter citizenship in 3 years. If the refugee claim is not accepted, the applicant can appeal to the Federal Court of Canada. The process takes at least a year but in many cases may take longer.
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Parminder Singh LL.B (Canada)