ImmigrationThe Plight of Asylum Seekers in Canada

   Canada’s Commitment to Resettling Refugees

  Overview

Canada has a longstanding tradition of offering refuge to the world’s most vulnerable individuals, with refugees playing a crucial role in enriching and strengthening communities. The global number of displaced people continues to rise significantly, and Canada remains a leader in providing safe haven through its resettlement programs.

  Challenges for Asylum Seekers 

In Canada, asylum seekers face various challenges, including the possibility that their claims may be denied and the complex, lengthy nature of the asylum process. There is also the risk of deportation if their claims are rejected, yet given the dangers of torture, death, or punishment in their home countries, seeking asylum is often seen as a necessary step.

  Understanding Refugee, Asylum Seeker, and Immigrant Definitions

  Refugee

A refugee is someone who has fled their home country due to a legitimate fear of persecution or severe human rights violations. They have left because their government is unable to protect them from serious threats to their safety. Refugees are granted international protection.

  Asylum Seeker 

An asylum seeker is an individual who has left their country and is seeking protection from persecution or serious human rights violations in another country. They have not yet been legally recognized as refugees and are waiting for a decision on their asylum claim. In Canada, the right to apply for asylum is a fundamental human right.

  Resettled Refugee

A resettled refugee is someone who has fled their home country, spent a short period in another country, and is then offered permanent residence in a third country. Resettled refugees are selected from abroad, and the Canadian government determines their refugee status before they arrive in Canada.

  Immigrant 

An immigrant is someone who has moved to another country for permanent residence and is not classified as a refugee or asylum seeker.

  Canada’s Resettlement Programs

  Government-Assisted Refugees (G.A.R.)  

Refugees referred for resettlement to Canada by the U.N.H.C.R. or partner organizations must be registered with these bodies or national authorities. The Canadian government provides financial support to G.A.R. program participants for up to a year after their arrival. In Québec, additional assessment by local officials is required.

  Private Sponsorship of Refugees (P.S.R.)

This program enables Canadian citizens and permanent residents to sponsor refugees for resettlement. Sponsors offer settlement assistance and financial support for up to a year. Applications for private sponsorship in Québec are handled separately by provincial authorities.

  Blended Visa Office-Referred (B.V.O.R.)  

The B.V.O.R. program pairs refugees identified by the U.N.H.C.R. with private sponsors in Canada. Financial support is shared between the sponsors and the Canadian government, with each providing assistance for six months. This program is not available in Québec.

  Receiving a Decision on an Asylum Claim

  Favorable Decision

If an asylum claim is approved, the individual receives protected person status and gains access to federally funded settlement services. This status allows them to stay in Canada and apply for permanent residency. Support includes needs analysis, guidance on settling, language instruction, job assistance, and community integration.

  Unfavorable Decision

If the Refugee Protection Division denies a claim, individuals may appeal to the I.R.B.’s Refugee Appeal Division. If they cannot appeal, they may request a review by the Federal Court. If all appeals are exhausted, the conditional removal order is enforced. Those under removal orders might not be eligible for social assistance in some provinces. Foreign nationals deemed inadmissible must be removed by the C.B.S.A.

  The Safe Third Country Agreement

  Overview

The Safe Third Country Agreement (S.T.C.A.), established in 2004 between the U.S. and Canada, requires individuals seeking asylum to apply in the first safe country they reach. This principle applies to the land border between Canada and the U.S., including adjacent internal rivers. The Additional Protocol to the S.T.C.A., effective March 25, 2023, covers claims filed within 14 days of entry and excludes claims made via air or water.

  Exceptions  

There are four key exceptions to the S.T.C.A.:

- Refugee claimants with family in Canada

- Unaccompanied minors under 18

- Individuals with a valid Canadian travel document

- Individuals facing death penalty charges in the U.S. or another third country

  Traveling Outside Canada as a Refugee

  Passport Use  

Refugees must cease using their home country passport to avoid status revocation. They can apply for Canadian citizenship and travel with a Canadian passport once they meet the criteria. In the interim, they should use a Refugee Travel Document for international travel, though it’s not valid in their home country.

  Loss of Refugee Status (Cessation)

Refugee status in Canada may be revoked if the individual is found to have accepted protection from their home country, a process known as "re-availment." This can occur if they travel to their home country, use their home country passport, or apply for a new passport from their home country.

  Conclusion 

Understanding refugee status is crucial before applying for asylum in Canada. Refugees have fled their home countries due to genuine fears of persecution based on race, religion, sexuality, nationality, social group membership, or political opinion. The asylum process involves presenting detailed evidence to support the need for protection. Best of luck!

  Frequently Asked Questions

  Do all asylum seekers stay in Canada?  

Not all asylum seekers are granted permanent residence. The federal government and the Immigration and Refugee Board (I.R.B.) assess each case, with acceptance rates varying based on several factors.

  Are asylum seekers dangerous? 

No, asylum seekers undergo security and medical checks before being granted a visa. If any risks are identified, their asylum claim may be denied. All asylum seekers enter Canadian society following thorough security evaluations.

  Do asylum seekers need much time to get a work permit in Canada?  

Work permits for asylum seekers are typically issued within three weeks, allowing them to work and support themselves while awaiting the decision on their asylum application.