Refugee visa in Canada

Asylum claimants are different from resettled refugees. Asylum seekers apply for asylum in Canada at the border of entry or online.

These claims are governed in part by international treaties that Canada has pledged to uphold. Refugees resettled abroad, on the other hand, are screened and undergo security and health screenings (eg, an immigration medical) before being issued a visa to enter Canada. When they arrive in Canada, they are permanent residents.

As asylum seekers and resettled refugees come to Canada through different immigration streams, those who cross the border irregularly and claim asylum in Canada, and replace refugees who are resettled from abroad They come to Canada, they don’t take it.

All asylum seekers undergo health and security screening, including biographical and biometric checks, as well as the initiation of security and criminal background checks.

Irregular crossing to Canada

Some people enter Canada irregularly between designated ports of entry. This can be dangerous and is against the law. For legal and personal safety reasons, the Government of Canada still requires people to enter Canada only through designated points of entry.

Persons intercepted by the RCMP or local law enforcement after irregular border crossing are brought to the nearest CBSA border of entry or CBSA or IRCC domestic office (whichever is closer), where an officer conducts an immigration examination, from Sentence to consider whether it is detention or not. Or someone will guarantee the refugee. At this stage, individuals undergo health checks to address immediate health needs, as well as security screenings to ensure they do not pose a security threat to Canada and determine whether they are eligible to apply for asylum. These screenings include biographical and biometric (eg, fingerprinting) checks. If necessary, an asylum application will be initiated. Foreign nationals who are not intercepted by law enforcement often present themselves to the nearest IRCC or CBSA office and claim refugee protection.

If a claim is found to be eligible, it is referred to the Refugee Protection Division of the Immigration and Refugee Board (IRB) for processing. In most cases, foreign nationals are released on terms and conditions while awaiting trial.

Individuals whose claims are ineligible will be issued a deportation order and released on the condition that they report to the next deportation proceeding. Foreign nationals who are required to leave Canada may be provided with a Pre-Removal Risk Assessment (PRRA) by the CBSA. Although the CBSA initiates the process, it is IRCC that conducts the PRRA before an individual leaves Canada. The PRRA assesses a person’s risk if they return to their home country.

Awaiting decision on asylum claim

All eligible asylum claimants receive a fair hearing at the IRB, an independent, quasi-judicial tribunal. Each case is decided on its own merits based on the evidence and arguments presented.

In making its decision, the IRB considers whether the claimant meets the United Nations (UN) Convention definition of a refugee recognized in Canadian law or a person in need of protection. The United Nations defines Convention refugees as persons who have a well-founded fear of persecution based on race, religion, political opinion, nationality or membership of a particular social group. Under the Immigration and Refugee Protection Act, a person in need of protection is someone in Canada who, if returned, would face a personal risk of torture, danger to life, or cruel and unusual treatment or punishment.

Once a person is determined to be eligible to apply for asylum in Canada, as an asylum seeker they may need social assistance, education, health services, emergency housing and legal assistance until a decision is made on their claim. get the result In addition, most people who are eligible to apply for asylum can apply for a work permit after passing a medical examination. It doesn’t matter if the claim is made at the border or at an internal office.

In general, IRB hearings are held in the province where the person made their asylum claim. That province provides the services mentioned above to the asylum seeker. If a claimant decides to move provinces while they are waiting for their claim to be heard by the IRB (for example, claiming asylum in Quebec and then moving to Ontario), they must notify the IRB, IRCC and CBSA. Go ahead and provide your new address. In addition, the asylum seeker must notify the province they are leaving and apply for services in their new province. From the cases that are processed, the decision is generally finalized in about four months.

With the exception of health services provided by the Government of Canada (Interim Federal Health Program), all of these supports are provided by the provinces and territories. Municipalities or non-profit organizations also provide support.

The Government of Canada also provides funding through the Canada Social Transfer, which is a federal block transfer to the provinces and territories in support of post-secondary education, children’s programs, social assistance and other social programs. This is provided on an equal per capita basis for the provinces according to Statistics Canada’s annual population estimates. Population estimates include people claiming refugee status and family members living with them. Canada Social Transfers will provide $14.586 billion to provinces and territories in 2019-2020.

Asylum seekers are not eligible for federal settlement services until they receive a positive asylum decision. However, they are eligible for some provincially funded residential services.