The Refugee Class in Canada is part of the country’s immigration system designed to provide protection to individuals who are fleeing persecution, conflict, or violence in their home countries. Canada has a strong commitment to humanitarian immigration and offers various pathways for refugees to seek asylum and protection within the country.

What is a Refugee?

A refugee is someone who is outside their home country and unable or unwilling to return because they have a well-founded fear of being persecuted due to one of the following reasons:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

How Refugees Can Come to Canada:

Canada recognizes two primary categories of refugees:

1. Convention Refugees: These are individuals who meet the criteria outlined in the 1951 United Nations Convention relating to the Status of Refugees. This includes people who are unable to return to their home country due to fear of persecution for one of the reasons listed above.
2. Country of Asylum Class: This category is for individuals who have been in a country (other than their own) for a significant period and are at risk of serious harm, such as being targeted for violence or facing unsafe conditions in that country.

Pathways for Refugee Protection in Canada:

Canada offers three main pathways for refugees to come to the country:

1. Refugee Status in Canada (Asylum Seekers):
   • In Canada: Individuals can claim refugee status while in Canada if they fear returning to their home country.
   • Process: Refugee claimants can make a claim at a Port of Entry (like an airport or border crossing) or at a local immigration office once in Canada.
   • Eligibility: The individual must demonstrate a well-founded fear of persecution in their home country and meet the requirements for refugee protection under Canadian law.
   • The Refugee Hearing Process: Once a claim is made, it will be referred to the Immigration and Refugee Board (IRB), where a decision will be made on whether the person qualifies for refugee status in Canada. If approved, the person will be granted protected person status and can apply for permanent residency.
2. Resettlement from Abroad (Government-Assisted Refugees and Privately Sponsored Refugees):
   • Government-Assisted Refugees (GARs): These refugees are referred to Canada by the United Nations High Commissioner for Refugees (UNHCR) or other referral organizations. Canada’s government provides them with financial and settlement support upon arrival.
   • Privately Sponsored Refugees (PSRs): Individuals or groups (like organizations, communities, or religious groups) in Canada can sponsor refugees to come to Canada. The sponsors agree to support the refugees financially and help them integrate into Canadian society for up to one year.
   • Blended Visa Office-Referred Program (BVOR): This is a hybrid program that combines government assistance and private sponsorship. The government provides partial financial support to refugees, while private sponsors provide additional support.
3. Humanitarian and Compassionate (H&C) Grounds:
   • If a person is not eligible for refugee status but has compelling reasons to stay in Canada (e.g., they are facing hardship or suffering in their home country), they can apply for permanent residency on humanitarian and compassionate grounds.
   • While this is not specifically for refugees, it can apply to individuals who are seeking protection and would face undue hardship if returned to their home country.

Refugee Claim Process in Canada:

1. Making a Claim:
   • If you’re already in Canada, you must make a refugee claim either at a Port of Entry or to an immigration office. You’ll be interviewed to assess your eligibility.
2. Eligibility Determination:
   • The Immigration and Refugee Board (IRB) will decide if you are eligible to make a refugee claim.
   • If your claim is accepted, the process moves forward to a refugee hearing.
3. Refugee Hearing:
   • If eligible, a hearing will be held to determine whether you meet the definition of a refugee or protected person under Canadian law.
   • If you are granted refugee status, you will be allowed to stay in Canada and apply for permanent residency.
4. Appeals:
   • If your claim is rejected, you can appeal the decision to the Refugee Appeal Division (RAD). If you lose the appeal, you may be asked to leave Canada unless there are other grounds for staying.
5. Protection and Permanent Residency:
   • If your claim is accepted, you will be granted protected person status.
   • After obtaining protected person status, you can apply for permanent residency in Canada. You will need to prove that you meet health, security, and criminality checks, but you generally won’t have to go through the Express Entry process.
6. Work and Study Rights:
   • Refugees and asylum seekers can apply for work permits or study permits while waiting for their refugee claims to be processed.
   • Government-assisted refugees receive financial support to help them resettle, while privately sponsored refugees get support from their sponsors.

Key Points:

• Refugee Claimant: A person seeking asylum or refugee status while in Canada.
• Convention Refugee: A person who meets the refugee definition in the 1951 UN Refugee Convention and its 1967 Protocol.
• Protected Person: An individual granted refugee status in Canada, either in Canada or from abroad.
• Permanent Residency: After being granted refugee status, individuals can apply for permanent residency once they meet the requirements.

Additional Programs:

• Quebec’s Refugee Program: Quebec has its own immigration programs, including specific refugee programs. Refugee applicants in Quebec are assessed by the provincial government.

Support for Refugees:

• Settlement Assistance: Refugees receive support to help with housing, language training, and finding employment to successfully integrate into Canadian society.
• Health Care: Refugees who are granted protection can access Canada’s health care system. Government-assisted refugees receive healthcare benefits through the Interim Federal Health Program (IFHP).

Canada’s refugee system is designed to provide protection to those who need it, and it ensures that individuals fleeing danger or persecution can find safety and rebuild their lives. If you’re interested in claiming refugee status or have further questions, feel free to ask!