Know more about Asylum Claim at the Port of Entry in Canada

Making an asylum claim at the port of entry in Canada or immigration, IRCC (refugees and citizenship Canada)  is entirely feasible. IT is the official at the IRCC or CBSA that will determine if one making a claim is eligible for the same or not. Few determining factors play a role in making Asylum Claim at the Port of Entry in Canada like previous claim, serious crime or any protection provided from any other country.

Asylum Claim at the Port of Entry in Canada
Know more about Asylum Claim at the Port of Entry in Canada

Asylum Claim at the Port of Entry in Canada is not easy for the Resettled Refugees-

Resettled refugees aren’t similar to the ones claiming asylum claim. Refugees seeking asylum have to make the request at port entry or in the land office, Canada. The international treaties play a major here, as Canada has promised to uphold them. But as far as the resettled refugees are concerned, they are screened aboard itself and undergo required medical and security checkup before even there VISA is issued. So, therefore when they land in Canada, they are already permanent residents.

Similar to resettling refugee the claimant refugee also undergo a thorough medical and security screening which includes biometric and biographic testing along with the criminal record.

Rules being Violated as many Individual Enter the Country on Irregular Basis- They have to Face Consequences

Now few individuals try to enter the country on an irregular basis, and this can prove to be dangerous as there are rules laid down by the government that is being violated. Therefore it is always suggested to seek entry via only designated ports.

If anyone is caught crossing port irregularly individual is brought to IRCC or CBSA office by local law enforcement or RCMP. Here the immigration examination is conducted, it is also determined if the detention is warranted. The process makes sure to let the individual have a medical check to rule out any urgent medical attention and security check to make sure they do not pose a threat against the country.

The process after knowing the Eligibility for the Asylum Claim-

  • If one is eligible, then one can get a hearing date from the Refugee Protection Division and IRB ( Immigration and Refugee Board), Canada. These foreign nationals are released until the hearing date.
  • However, if your claim is recognized as not eligible, direct removal orders are issued along with the necessity to report for a future hearing.  Here the PRRA assesses what the significant risks that one would face when sent back to the home country are.

Positive and Negative of Claiming the Asylum Claim-

POSITIVE DECISION:- If positive one will receive a fully protected status and fundamental funded settlement is offered to them.  Later one can also apply for permanent residency for Canada.

NEGATIVE DECISION:- If rejected one can appeal to IRB if one doesn’t have the right to appeal they can request the federal court to review the decision. If all avenues are terminate, the appeal one has to be removed from the country effective and immediate as per law. A removal interview will be scheduled for the individual, and if one fails to show up, then arrest warrant and potential detention are in order.

Diksha Garg

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