How to claim refugee benefit under Canada Immigration laws?

Refugee Protection in Canada is provided to those who can prove that they have a threat in returning back to their own countries. An immigrant seeking this kind of support would have to fulfill the requirement of proving that there is a potential threat or torture to his or her life if he or she returns back to his or her own country.

The law
Canada has law which protect the right of refugees if they are found to be vulnerable and they don’t misuse the law.
Some of the Acts and Regulations are:
Immigration and Refugee Protection Act
Immigration and Refugee Protection Regulations
Refugee Protection Division Rules

The criteria to be declared as Refugee
In 1951, United Nations Convention gave the following definition for declaring an immigrant as Convention Refugee:
• One has left his or her home country.
• If one holds a fear of persecution because of his or her race, religion or nationality
• For some reason or the other one is not able to or not willing to get protection from home country.
The basic process
A person seeking help has to leave his contact information completely, which will include his name, full address, phone number and any other detail which could be provided. For initiating this process one needs to get a counsel. This is the person who represents the case on behalf of the refugee. This person should be a member of provincial Law Society.

DCO and DR
Ministry of Citizenship and Immigration designates a few country and the refugees belonging to these countries get a preference over the others.

For individuals who are not conversant with the laws on refugee protection and for those who are below 18 years of age A Designated Representative (DR) can be appointed. He or she can be the parent, a friend, a relative or anyone who is known to this refugee.

People who cannot be termed eligible
A refugee committing a serious crime which may have taken place on another soil than Canada, or a he has done a war crime or crime against humanity are involved with any illegal act would not be considered to be eligible for this protection.

Making claims

The process can be initiated at the port of entry or in an inland office. Canada Border Service Agency (CBSA) or Citizenship and Immigration Canada would look into the eligibility of a claimant.

Thereafter the claim would be forwarded to IRB (Immigration and Refugee Board). After being approved for claim, your case would be sent to Refugee Protection Division (RPD).

The process
At port of entry
At a port of entry a form in the name of Basis of Claim Form is given to the claimant.
You will be informed at this point itself about the date on which your case would be heard.
The claim form should be submitted to RPD within a fortnight rather 15 days.

At an inland office
Here, an applicant should submit his form to an office in the office. The applicant would be given hearing date.

Important points to be considered while making a claim
• Every information provided by you should be true and correct.
• You should ensure to submit the form within 15 days.
• You have to submit the required documents asked by the RPD. Any document that you want submits to support your case would be invited by the authorities.
• You have to appear personally on the date of hearing.
• You must provide all possible details about your contact so that RPD does not find any difficulty in locating you.
• If your request is abandoned for some reason or the other you will not be allowed to make another claim in future. This would clearly mean that you will be asked to leave Canada.
• You have a choice of changing and information in the form, but, you require signing the same and sending original copy of those changes to the RPD.

The flexibility offered to you
• The official language can be changed on request, provided you place this request 10 days before hearing.
• You will be given the facility of getting an interpreter to understand the absolute meaning of what is ebbing said in your hearing.
• You can place a request to change the place of hearing too.
The happenings on hearing day
You will be asked questions which would be meant to understand and evaluate the truthfulness of your case. These questions could be from the documents you have submitted or could also be from anywhere else too. The Officers would like to conclude the case only after being confident about the genuineness about your case. So, you have to be prepared to answer any possible type of question.

Refugees are given shelter in Canada, but they have to meet a certain set of requirements and have to be legally correct. They are given liberty to submit every possible information that could support their case; however they should be prepared to answer any of the questions coming from the officers looking into the case. If the case is abandoned due to delay in submission or for any other a reason a refugee must get prepared to move out of the country. Therefore, a through preparation and a careful approach are needed to take advantage of this facility provided by Canada. Make sure that you down try to give any wrong information about yourself.

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