Who is a Refugee?

According to international customary law, refugees are individuals who have fled their country due to a well-founded fear of persecution and cannot return to their home country. Many refugees come from war-torn countries and have witnessed unimaginable scenes.

It is important to note that a refugee is different from an immigrant. An immigrant is someone who seeks permanent residence in another country, while a refugee is forced to flee.

Advantages and Disadvantages of Asylum in Canada

The decision to apply for asylum in Canada has advantages and disadvantages that each person should recognize. The advantages and disadvantages of asylum in Canada include:

Types of Asylum Cases in Canada

Asylum in Canada is granted to individuals who are under threat of life, mental health, or social well-being in their home country for various reasons. These reasons are defined in several types of cases, which applicants must be able to substantiate with valid documentation. Below we examine the different types of asylum cases in Canada:

• Social Asylum

This type of asylum is granted to individuals who are unable to continue living due to very difficult social conditions, such as war, famine, or insecurity in their home country. The applicant must demonstrate that their country is unable to support them and that living there is impossible.

• Political Asylum

Political asylum includes individuals who have faced physical or psychological persecution due to their membership in specific political groups or having differing beliefs. These individuals typically face serious risks if they return to their home country and can apply for asylum in Canada by providing documentation.

• Religious Asylum

This type of asylum is for individuals who face life-threatening situations or severe deprivation due to their change of religion or religious beliefs. These individuals must be able to prove that their lives would be in danger if they returned to their home country.

• Asylum Due to Sexual Orientation

Individuals who face serious persecution due to their sexual orientation or changes in gender identity can apply for asylum through this case. Canada is recognized as a safe country for individuals of various orientations, and these individuals can start a new life in this country.

• Racial Asylum

Individuals who have faced discrimination, persecution, or threats to their life due to their race in their country can apply for asylum through this means. These individuals are generally in the minority and lack legal or social support in their home country.

Conditions for Asylum in Canada

To register an asylum application in Canada, an individual must meet specific conditions. These conditions are defined under Canadian immigration and refugee protection laws and include two main groups of refugees:

Convention Refugee Abroad Class

• These individuals must be at risk in their home country due to threats to their life or safety and must have no other means of protection except seeking asylum.
• They must not intend to return to their home country or settle in a third country.
• They are usually supported by the UNHCR (United Nations High Commissioner for Refugees), other referring organizations, or private sponsors.

Country of Asylum Class

• This category includes people who are at risk due to war, armed conflict, or ongoing and serious violations of human rights.
• These individuals must be outside their home country and unable to return.
• Their support may come from private sponsors, personal financial resources, or the Joint Assistance Sponsorship (JAS) program.

Steps for Asylum in Canada

The asylum process in Canada consists of several main stages, each of which is highly significant. The asylum steps in Canada are as follows:

1. Submit Application – At an entry point (airport, port, land border) or online inside Canada.
2. Provide Initial Documents – Personal details, family background, and reasons for asylum.
3. Immigration Office Review – If complete, the case is sent to the Immigration and Refugee Board (IRB).
4. Application Acknowledgment – Receive a letter granting access to services like temporary federal health insurance.
5. Medical & Biometrics – Complete medical exams, fingerprinting, and photography within the given timeframe.
6. Eligibility Decision – Immigration officer decides if the case qualifies for IRB review.
7. Prepare Evidence – Submit documents proving danger, reasons for asylum, and identity proof.
8. Court Hearing – Attend a hearing before the Refugee Protection Division (RPD), which makes the final decision.
9. If the application is approved, the applicant receives a Refugee ID card (Refugee ID) that allows access to banking, healthcare, and other government supports. They are also granted a Work Permit.

In-Person Asylum at the Canada Border

To seek asylum in Canada, individuals must declare their intent at the border—either at official crossings or upon arrival. Illegal entry can lead to legal consequences. After declaring asylum, they attend an initial interview where officials assess eligibility based on personal risk and reasons for fleeing their country.

After the initial interview, the individual’s asylum request is assessed by the Immigration and Refugee Board of Canada (IRB). This evaluation includes reviewing the submitted documents and evidence related to the individual’s claims.

Eligible Refugees in Canada

Individuals with serious criminal records or previously denied asylum claims are not eligible for asylum in Canada. Eligible refugees receive initial support from the federal government, Quebec, or private sponsors for up to one year, or longer in some cases.

Within 4–6 weeks of arrival, refugees receive essential services such as airport reception, temporary housing, help finding permanent accommodation, needs assessment, and connections to other programs. To support integration, the Canadian government also provides English and French language training and employment assistance.

Duration of Asylum Application in Canada

The asylum process in Canada can be time-consuming from the moment the application is submitted until a final decision is made, and the duration depends on various factors. This process typically takes between 6 months to 24 months, but in some cases where security and background checks require more scrutiny, this period may extend to 36 months or even longer.

Withdrawal from Asylum in Canada

Withdrawal from asylum in Canada means that an individual who has applied for asylum or has been recognized as a refugee decides to voluntarily retract their application or renounce their refugee status. This process can have various reasons and specific consequences. The steps for withdrawing from asylum in Canada are outlined below:

• Submitting a Withdrawal Request:The individual must formally inform the Refugee Board of Canada of their withdrawal. This is typically done through a letter or by completing an asylum withdrawal form. These forms are available at Refugee Board offices.
• Preparing for Return:After registering the withdrawal request, the individual must take steps to return to their home country or another country. This includes preparing a passport, temporary travel documents, and purchasing travel tickets.
• Preparing Travel Documents: If the individual does not have a passport, they can obtain a temporary passport from the immigration office. Additionally, if needed, the individual may receive assistance from the immigration office or other organizations to facilitate this process.
• Exiting Canada: After completing the documentation and purchasing a ticket, the individual must leave Canadian soil. Exiting the country requires proof of departure through the relevant documents, including an exit stamp in the passport.

Alternative Methods to Asylum in Canada

In this section, we will introduce alternative pathways to asylum in Canada and familiarize you with their conditions.

Studying in Canada is possible at the bachelor’s, master’s, and doctoral levels, as well as through scholarships. A bachelor’s program in Canada lasts 4 years, master’s programs are 2 years, and doctoral studies take 3 to 5 years, requiring IELTS scores of 6, 6.5, and 7 respectively. To study in Canada, you need to have a solid educational background and necessary documents along with the financial capability for studying and living in Canada to obtain a Canadian study visa.

While studying in Canada, you will have the option of part-time student work to reduce thecost of immigrating to Canada through education. You can also bring a dependent to Canada and apply for a Work Permit for them.

To work in Canada, you must enroll in foreign worker attraction programs in the country called Skill Worker or Express Entry, which grants visas to qualified individuals based on a points-based system along with permanent residence. You need to pass two stages to work in Canada, requiring 67 points for the first stage and 415 points for the second stage to be placed on the waitlist for job invitations in Canada.

These points include factors such as age, marital status, educational qualifications, relevant work experience, language scores, work and study experience in Canada, having relatives in Canada, and similar criteria. Applicants are also allowed to bring dependents, provided they specify their details during registration.

Investment in Canada is another legal and profitable method for immigration. Canada has different provinces that offer various ideas and plans with different costs to attract foreign investors. For entrepreneurship in various provinces, you must choose the best province that matches your conditions.

Another way to invest in Canada can be a startup. For a startup, you must have a new and creative idea that leads to profit for Canada. If you can present this idea, you can obtain permanent residence in Canada.

Obtaining Canadian residency through Birth is another way. Countries worldwide are categorized under international law based on the principles of jus soli (right of the soil) and jus sanguinis (right of blood).

Jus soli countries grant residence to all born in their territory and sometimes to their families, while jus sanguinis countries only grant residence and citizenship to children whose one parent is a citizen. Canada follows the principle of jus soli and grants Canadian citizenship to individuals born in Canadian territory or its maritime and air borders.

Immigration to Canada through Marriage is the last legal method for immigration to Canada introduced in this article. Individuals who have a Canadian fiancé and intend to marry them can apply for Canadian residency through marriage if they can prove they are in love, have spent some time together, hold shared memories, have not had children together, and can financially establish a joint life.

Rights of Refugees in Canada

Refugees in any country will have specific rights, and Canada has also established some rights for refugees to ensure their well-being. These rights include the following:

Which Organizations Can Support Refugees in Canada?

Numerous local organizations exist in various cities across Canada that provide services to refugees. These organizations typically offer educational programs, skills workshops, and social counseling. Examples of these organizations include:

• S.U.C.C.E.S.S. (in British Columbia)
• Catholic Social Services (in Alberta)

Costs of Asylum in Canada

In general, asylum in Canada is for individuals fleeing for various reasons, including threats from their home country. Thus, individuals may not have the means to safeguard their belongings and may arrive in Canada without financial resources, compelled to apply for asylum.

In some cases, a refugee may wish to expedite their affairs and, if financially capable, hire an asylum lawyer, incurring associated costs. The cost of hiring a refugee lawyer in Canada is intended for those who have the financial capacity and wish to receive assistance during their asylum process.

Refugee Camps in Canada

Canada does not use refugee camps. Instead, it offers a resettlement system focused on quick integration. Refugees are housed in temporary accommodations like hotels or apartments and receive support services. Once approved, they gain permanent residency and access to language training, job services, healthcare, and education.

Asylum Conditions in Canada for Afghans

Afghans, like other asylum seekers in Canada, can enter this country and complete the relevant forms to register their application. However, Canada has established two special programs for Afghans that simplify the asylum process for some of them.

Afghans who worked with the Canadian government, such as embassy staff or project collaborators, may qualify for special resettlement programs. Proof of collaboration is required. These programs support those at risk due to security or human rights issues. Eligible individuals can apply online, even from outside Canada.

Frequently Asked Questions about Asylum in Canada

• Is it possible to work and study for refugees in Canada?

Refugees in Canada have the right to study and work legally after their refugee claim is accepted. To work, they need a work permit and a Social Insurance Number (SIN). They can study at all levels and can benefit from educational services. Refugees also have access to health services and legal protections. These facilities help refugees integrate effectively into Canadian society.

• How can an immigration lawyer assist in obtaining asylum in Canada?

An immigration lawyer plays a very important and effective role in the immigration process. Individuals can go through the asylum process in Canada without a lawyer, but a lawyer, given their experience and knowledge of the latest laws and regulations, can significantly aid in this matter. It must be noted that Malekpour Institute does not provide any asylum services and does not recommend this method.

• What rights do refugees in Canada have?

Refugees in Canada enjoy a number of rights once their application is approved. They can work legally and pursue education at all levels. They have access to free health services, including the Interim Federal Health Program (IFHP).

They also benefit from legal and legal protection, including access to lawyers and free legal services. They are also entitled to financial assistance and housing. These rights help refugees integrate effectively into Canadian society.

• How much does obtaining asylum in Canada cost?

The costs of applying for asylum in Canada vary. Biometrics fees ($85 for adults and $50 for children), document translation fees, and legal advice can run into the thousands. In addition, there are everyday living expenses such as rent and food.

However, the Canadian government provides financial support and services such as living allowances, housing, free health care, and resettlement programs to asylum seekers. These supports help ease the financial burden on asylum seekers.