Refugee protection in Canada
Grounds of persecution
Race or nationality
Religion
Particular social group
Political opinion
What is the difference between a refugee, a refugee claimant and an immigrant?
Refugee: An individual forced to flee from persecution outside their home country. We may also call this person a Convention refugee according to Canadian Law.
Refugee claimant (or Asylum Seeker): An individual who has fled their country and is asking for protection in another country.
Immigrant: A person who has settled permanently in another country by choice.
What is the difference between a refugee and an immigrant? A refugee is forced to flee, while an immigrant chooses to move to another country, seeking a better life and economic opportunities.
Who can seek protection in Canada?
According to the article 1 of the 1951 Convention defines a refugee as someone who "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of [their] nationality and is unable or, owing to such fear, is unwilling to avail [themself] of the protection of that country; or who, not having a nationality and being outside the country of [their] former habitual residence, is unable or, owing to such fear, is unwilling to return to it."
Canada’s asylum system helps people who have fled their countries because of a well-founded fear of persecution. This means that some people may be able to ask for refugee protection if returning to their home country puts them at risk.
Claiming asylum does not guarantee you can stay in Canada. It is not a shortcut to get around immigration rules and procedures.
What happens after I submit my application?
The Immigration and Refugee Board (IRB) determines whether individuals are Convention refugees or persons in need of protection.
Convention refugees are individuals who are outside their home country or the country where they usually reside and are unable to return due to a well-founded fear of persecution based on factors such as race, religion, political opinion, nationality, or membership in a particular social group (e.g., women or individuals with a specific sexual orientation).
On the other hand, a person in need of protection is someone in Canada who cannot safely return to their home country because doing so may lead to the risk of torture, danger to their life, or the risk of cruel and unusual treatment or punishment.
