Inland Refugee Application

Your asylum claim in Canada can be accepted when you meet the following basic criteria:

1. Convention Refugees: Individuals who are outside their home country and have a Well-founded Fear of Persecutionbased on the following reasons:

• Race or Nationality

• Religion

• Political Opinion

• Membership in a particular social group (e.g., based on gender or sexual orientation)

2. Persons in Need of Protection: Individuals who can demonstrate with sufficient evidence that if they return to their country, they would face:

• Danger of Torture (by authorities or armed forces).

• Risk to Life or Risk of Cruel and Unusual Treatment or Punishment.

Additional Evidentiary Requirements Individuals applying under either of the above criteria must also prove the following points:

• Lack of State Protection: That their country’s government is unable or unwilling to provide them with protection.

• No Internal Flight Alternative: That it is impossible for them to live safely in any other part of the country.

• Personalized Risk: That the risk is specifically targeted at the applicant (distinct from general security issues or random violence in the country).

• Not Evading Justice: That the claim is not a means to escape lawful punishment for a crime committed in their country.

• Health Status: That the claim is not solely related to the poor healthcare system in their country

1. Make a Refugee Claim at a Port of Entry or Inside Canada

   • If you arrive at a Canadian border, airport, or other port of entry, inform the officer that you wish to make a refugee claim.

   • If you are already in Canada, submit your claim online through Immigration, Refugees, and Citizenship Canada (IRCC).

2. Submit All Required Documents

   • Complete forms such as the Basis of Claim (BOC) form, which outlines the reasons for your refugee claim. Ensure all information is accurate and comprehensive to support your case.

3. Attend an Interview with the Canada Border Services Agency (CBSA) or IRCC

   • You will attend an interview where you will provide additional details about your claim and background.

4. Prepare for Your Hearing with the Immigration and Refugee Board (IRB)

   • If your claim is referred to the IRB, you will need to attend a hearing to present your case. This is your opportunity to explain why you need protection in Canada.

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Legal Services and Support

To carefully prepare your asylum application and necessary forms (such as the BOC), as well as to be represented during the Hearing, you have the right to hire a legal professional or an immigration consultant.

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For individuals who cannot afford this, depending on the province, a system providing legal support for free or at a low cost (Legal Aid) may be available

1. Work and Health Benefits: Once your claim is accepted for review, you may qualify for a work permit and access to Canada’s Interim Federal Health Program (IFHP).

2. Legal Representation: You have the right to hire a lawyer or legal representative to assist you in preparing and presenting your claim.

"Before submitting your asylum application, it is important to know that your application could be rejected (found ineligible) for the reasons listed below:

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1. If you have made a previous claim: If you have previously submitted an asylum claim to the Canadian government and it was refused, if you abandoned the process, or if you withdrew the claim.

2. If you have received protection in another country: If your asylum claim has been accepted in another country (outside Canada) and you are receiving protection there.

3. Criminality or Security Risk: If you have participated in serious crimes or human rights violations, or if you are believed to be a security threat to the Canadian public.

4. If you entered Canada from the USA (Safe Third Country Agreement): According to the agreement between Canada and the USA, if you crossed through the USA to enter Canada, your claim may not be accepted. (Since there are some exceptions to this rule, please consult us.)