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REFUGEE CLAIM

Citizenship and Immigration Canada (CIC) describes Refugees as people who have fled their countries because of a well-founded fear of persecution, and who are therefore unable to return home. Many refugees come from war-torn countries and have seen or experienced unthinkable horrors. Some dangers they may face include torture, a risk to their life or a risk of cruel and unusual treatment or punishment

Canada welcomes refugees and offers protection to them in Canada. If you feel that you are an individual who would face any of the above risks if you returned back to your home country, you may be able to seek protection in Canada as a refugee.

MAKING A REFUGEE CLAIM

There are two ways you can make a claim for refugee protection in Canada:

  1. At the port of entry when you arrive in Canada; or
  2. At an Inland office.

At both of the above locations, a Canadian Border Service Agency (CBSA) office or a CIC officer will provide you with a Basic of Claim Form (BOC Form) along with a Notice to Appear for a Hearing which indicates when your claim will be heard by the Refugee Protection Division (RPD) of the IRB. You must also complete additional application forms, which we will do for you.  You have only 15 days after your refugee claim is sent to the RDP to send your completed BOC Form.

When you make a claim, a CBSA or CIC officer will determine if your claim is eligible to be referred to the Immigration and Refugee Board (IRB). If eligible, your claim will be forwarded to the RPD of the IRB, who will begin processing your claim for protection.

HEARING

After your BOC Form is sent to the RPD, you must wait for your hearing, where a RPD decision maker (a Member) will determine if your claim for protection should be approved or not.

If your claim is accepted, your status in Canada will be of “protection person”. You will be allowed to stay in Canada and apply for Permanent Residency.

If your claim is rejected, you must leave Canada. However, this decision can be reviewed at the Federal Court of Canada.

Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at subuhi@ssimmigration.ca.