As defined by the 1951 United National Convention Relating to the Status of Refugees, a Convention Refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside their country of nationality and is unable or, by reason of that fear, unwilling to avail themselves to the protection of their country or relocate to another area in their country.

A protected person is defined as a person in Canada whose removal to their country of nationality would subject them personally to a danger, believed on substantial grounds to exist, of torture, or risk to their life or to a risk of cruel and unusual treatment or punishment and that person is unable or unwilling to avail themself to the protection of that country, that the risk would be faced by that person in every part of the country and is not faced by the general population. The risk must not be inherent or incidental to lawful sanctions unless imposed in disregard of accepted international standards, and must not be caused by the inability of that person’s county to provide adequate health or medical care.

Claims for refugee protection or protected persons status may be made at a Canadian Embassy abroad, at a Canadian port of entry such as the Canada-US border, or at an inland immigration office.

Persons entering Canada from the US to make a refugee claim should first check to see if they are eligible to do so before crossing the border. Under the Canada-US reciprocal Safe Third Country Agreement, those who have already been admitted to the US must make a US asylum application there and will not be allowed to come to Canada to make a refugee claim. However, those who meet an exemption to the Agreement, such as having an eligible family member in Canada who is a Canadian citizen, permanent resident, or eligible refugee claimant, may cross the border and make a refugee claim at the nearest port of entry.

Evidence to corroborate the events of your claim should be collected and provided to us as soon as possible.

Please  Contact Us   for a consultation appointment if you like more information on how to make a refugee claim or if you have already made a claim and would like legal representation at your refugee hearing.

•   Oficino del Abogado Michael Loebach    •   info@mloebachlaw.com    •   London, Ontario, Canada   •