Understanding Refugees: Who Are They and What to Know
What is a Refugee?
Refugees are individuals who have fled their home countries due to a genuine fear of persecution. Unlike immigrants, who choose to move to another country permanently, refugees are compelled to leave their homes for their safety.
To be recognized as a refugee, one must meet specific criteria set by the government. Canada has strict rules and processes in place to evaluate asylum claims. If you do not fulfill these criteria, you may be removed from Canada.
Canada's Asylum System
Before risking your life to seek asylum, it’s crucial to understand Canada's asylum system:
- Not Automatic: Canada does not automatically accept all asylum claims.
- No Guarantees: There is no assurance that your asylum claim will be approved. A denied claim can lead to deportation.
- Not Just Any Reason: Seeking a stable job or better education for your children does not qualify as grounds for claiming asylum.
- Return to Home Country: If deemed safe, you will be sent back to your home country.
Know the Risks
Be cautious of individuals asking for money to help you reach Canada. Such situations can be dangerous and could put your life at risk.
Stay away from sources that provide false or misleading information regarding asylum claims in Canada. Remember, claims are not automatically accepted, and no one can guarantee approval.
Making a false claim can result in severe consequences:
- You might be barred from returning to Canada in the future.
- Your family may also face difficulties coming to Canada later.
- Crossing into Canada at unauthorized points is dangerous and illegal.
Claiming Asylum in Canada
If you decide to claim asylum in Canada, you will undergo several checks, including health, criminal, and security assessments. You will also need to:
- Complete a medical examination
- Provide personal details and biometrics (such as a photo and fingerprints)
Background Information
On March 24, 2023, Canada and the U.S. expanded the Safe Third Country Agreement (STCA) to cover the entire land border, including internal waterways. This expansion took effect at 12:01 a.m. EDT on March 25, 2023. If you crossed the border to claim asylum but do not meet the exceptions in the Agreement, you will be returned to the U.S.
Under the Immigration and Refugee Protection Act, anyone wanting to enter Canada must go through an examination at a port of entry to determine their right to enter.
The Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP) work together to protect Canada’s borders and prevent illegal entry. The RCMP manages border security between ports of entry, while the CBSA oversees security at the ports of entry and within Canada.
Making a Refugee Claim in Canada
You can make a refugee claim either at a port of entry when you arrive or online if you are already in Canada. CBSA or Immigration, Refugees and Citizenship Canada (IRCC) officials will assess whether you qualify to be referred to the Immigration and Refugee Board (IRB) for a hearing.
Eligibility for a refugee claim depends on various factors, including whether you have committed serious crimes, made previous claims in Canada, or received protection in another country.
Refugee claimants are distinct from resettled refugees. Claimants make their claims in Canada, while resettled refugees are screened abroad before arriving in Canada as permanent residents.
All claimants undergo health and security screenings, including background checks.
Crossings into Canada at the U.S.-Canada Border
Some individuals cross into Canada illegally between designated entry points, which is unsafe and illegal. The Government of Canada encourages everyone to enter Canada only at designated ports of entry.
If you are caught crossing illegally, the RCMP or local law enforcement may arrest you. You will undergo security screenings before meeting an immigration officer. If you do not qualify under the Safe Third Country Agreement, you will be returned to the U.S.
Upon arriving at a designated port of entry, officers will conduct immigration examinations and health checks. If you are eligible, your refugee claim may begin.
Eligibility and Referral to the IRB
If your claim is eligible, it will be sent to the Refugee Protection Division of the IRB for a hearing. Usually, the individual is released under certain conditions while waiting for their hearing.
If your claim is found ineligible, you will receive a removal order. You may also have a chance for a Pre-Removal Risk Assessment (PRRA), which assesses the risk you would face if returned to your home country.
Waiting for a Decision on a Refugee Claim
All eligible claimants receive a fair hearing at the IRB, which is an independent tribunal. The IRB decides based on evidence and arguments presented. They will consider if the claimant meets the United Nations (UN) definition of a Convention refugee or if they need protection.
Once deemed eligible to claim refugee status, individuals may access social assistance, education, health services, and legal aid while awaiting a decision. Many can also apply for a work permit after a medical examination, regardless of whether the claim was made at the border or inland.
If claimants move provinces during this time, they must inform the IRB, IRCC, and CBSA of their new address and apply for services in their new province.
Receiving a Decision on a Refugee Claim
Positive Decision: If your claim is approved, you will gain protected person status, allowing access to a full range of federally funded settlement services. This includes:
- Needs assessment and referrals
- Information to help with settlement
- Language training
- Employment support
- Community integration assistance
Negative Decision: If your claim is rejected, you may appeal to the Refugee Appeal Division of the IRB. If you cannot appeal, you can ask the Federal Court to review the decision. After exhausting all legal options, a conditional removal order will be enforced.
The Safe Third Country Agreement
The Safe Third Country Agreement (STCA) requires that individuals seeking asylum must do so in the first safe country they enter, with exceptions for specific circumstances. This agreement is essential for managing refugee claims at the Canada-U.S. border.
By understanding these procedures and risks, you can make informed decisions about seeking refuge in Canada.
Here are some FAQs based on the article about refugees and Canada's asylum system:
Frequently Asked Questions (FAQs)
1. What is the difference between a refugee and an immigrant?
Refugees are individuals who flee their home countries due to fear of persecution and cannot return safely. In contrast, immigrants choose to move to another country permanently for various reasons, such as work or education.
2. What are the requirements to be considered a refugee in Canada?
To be recognized as a refugee, you must meet specific criteria set by the Canadian government. This includes demonstrating a well-founded fear of persecution in your home country.
3. How does Canada’s asylum system work?
Canada does not automatically accept asylum claims. Each claim is reviewed individually, and there are strict policies in place. If your claim is denied, you may be deported.
4. What should I do if I want to claim asylum in Canada?
If you want to claim asylum, you can do so at a port of entry when you arrive in Canada or online if you are already in the country. You will undergo health, criminal, and security checks.
5. What are the risks of claiming asylum in Canada?
There are significant risks involved, including the possibility of deportation if your claim is denied. Additionally, illegal crossings into Canada are dangerous and against the law.
6. What happens if I cross into Canada illegally?
If you are caught crossing illegally, you may be arrested by the RCMP or local law enforcement. You will undergo security screenings, and if you do not qualify under the Safe Third Country Agreement, you will be returned to the U.S.
7. How do I know if my asylum claim is eligible?
Eligibility is determined by CBSA or IRCC officials based on various factors, including any previous claims made in Canada or other countries.
8. What support is available to refugee claimants while waiting for a decision?
Eligible refugee claimants can access social assistance, education, health services, and legal aid while their claims are being processed.
9. What happens after a decision is made on my refugee claim?
If your claim is approved, you will receive protected person status and gain access to settlement services. If your claim is denied, you may appeal the decision or face deportation.
10. What is the Safe Third Country Agreement (STCA)?
The STCA is an agreement between Canada and the U.S. that requires individuals seeking asylum to claim protection in the first safe country they arrive in, with certain exceptions.
11. Are there exceptions to the Safe Third Country Agreement?
Yes, there are exceptions for individuals who have family members in Canada, unaccompanied minors, and those holding valid Canadian travel documents.
These FAQs should help clarify common questions regarding refugees and the asylum process in Canada.
Disclaimer
The information provided in this article is intended for general guidance only and may not reflect the most current legal standards or practices regarding refugees and asylum claims in Canada. While every effort has been made to ensure the accuracy of the information presented, it is not exhaustive and should not be construed as legal advice.
Readers are encouraged to conduct their own research and consult with qualified immigration professionals or legal experts to obtain advice specific to their situation. The content of this article does not create any professional-client relationship, and the author or publisher is not responsible for any actions taken based on the information contained herein.
For the latest updates on immigration policies and procedures, please refer the following official resources from the Government of Canada:
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