REFUGEE CLAIMS, HEARINGS AND APPEALS

2021-05-14

REFUGEE CLAIMS, HEARINGS AND APPEALS

2021-05-14


Refugee protection may be your only option to be able to avoid persecution 


Published by Paragon Legal Services on 12th May, 2021


Refugee protection is given to anyone meeting the definition of a refugee according to the Convention Refugee by the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB).

 

The IRB decides who qualifies as a refugee and persons can approach the board by making a claim as a refugee. The claim is then referred to the Refugee Protection Division (RPD) for a decision on their status.

 

A claim as a refugee can be made at any point of entry into Canada in any province. These ports of entry are the airport, seaport and land borders. Persons claiming to be a refugee must undergo an eligibility interview with an officer from the Canada Border Services Agency and complete the application package.

 

A claim can also be made at the Immigration, Refugees and Citizenship Canada offices either online through their website  or with the assistance of a qualified humanitarian legal professional.




Eligible persons are once more referred to the RPD by the IRCC if they are found to qualify as a refugee. They will then have a hearing before the RPD under the claim that they have made.


Paragon Legal Services can help in the basis of your claim if you are in danger as a citizen of a foreign country and need protection. The basis of refugee claims can be one of the following although the list is not exhaustive:

  • Seeking protection as a member of a particular social group in a foreign country
  • Being in danger of torture or captivity in your country due to your status or the general political atmosphere in your country
  • Persecution as a result of race, religion, morality, nationality or member of a particular group
  • Risk to your life or risk of cruelty through unfair or unusual treatment or punishments


If you qualify as a refugee and had a hearing, you may either be accepted as a refugee, allowed entry into Canada with permanent residency as a result, or not.

 

If you have been denied entry if you do not fit the requirements of a refugee as per the basis of your claim or the findings of an IRCC of Border Services agent, then you may be able to appeal the decision.

You may need to prove your case and are allowed to appeal the result of the RPD’s findings. Furthermore, you may be eligible to appeal the IRCC’s decision if they failed to initially allow your refugee claim to be heard.




To make a claim for refugee protection, find out more about hearings or appeal a decision made against your claim as a refugee, contact Paragon Legal Services for a consultation on your claim as a refugee in Canada today.