Canada has a longstanding global reputation for being a beacon of hope for those seeking to escape persecution, violence, and human rights abuses. For those facing the unimaginable, applying for refugee status offers a lifeline to safety and a chance to build a new path forward without fear of harm. At Vayeghan Litigation, we know that immigrating to a new country as a refugee can bring an immense sense of hope. It also brings legal complexities and uncertainty. Our team of experienced immigration lawyers is here to help you navigate the process of coming to Canada to claim refugee status and to ensure your voice is heard when it matters most.
If you are considering immigrating to Canada as a refugee, below are the key factors to consider before arriving.
Determining Eligibility
It is crucial to be aware of the eligibility requirements outlined by Canadian law before you arrive in the country. Canada grants refugee protection to individuals that qualify under one of two categories:
Convention Refugees are individuals who have a legitimate reason to fear persecution in their home country based on factors such as race, religion, political opinion, nationality, or membership in a specific social group.
Persons in Need of Protection are those who face the legitimate risk of torture, threats to their lives, or inhumane treatment should they return to their country of origin. Unlike Convention Refugees, this category is focused on the immediate need for safe refuge and personal safety.
In order to be successful at claiming refugee status in Canada, it is crucial to know which category aligns with your specific situation. Partnering with experienced legal counsel like the team at Vayeghan can help determine the best fit for you and your family, and can help you to prevent costly delays or rejection due to missteps.
The Role of Evidence
Proving the legitimacy of your claim is essential to successfully receiving refugee status. Applicants are required to substantiate their fears and provide evidence of the risks they face. This can include providing documentation like threatening letters, police or medical reports, court materials, and witness statements. In cases where applicants are not able to provide such evidence, they will have to rely on giving personal accounts to validate their claim.
Evidence plays a crucial role in helping you secure refugee status. Before you flee to Canada, gather and preserve any helpful documentation that you can to help bolster your application. Everything from court documents to text messages, voicemails, emails, and other forms of communication can help to establish the credibility of your case.
Timing and Process
Timing is another critical aspect of the refugee application process; upon arriving in Canada, it is vital to submit your claim as quickly as possible. Failure to do so can lead to questions about the legitimacy of the risk to your person and the fear of returning to your home country.
Given that the Government of Canada’s refugee policies are subject to frequent change, particularly in cases of individuals who are entering Canada from the United States, we strongly recommend obtaining legal counsel prior to submitting your refugee claim.
It’s also crucial to know that the refugee application process involves a hearing before the Immigration and Refugee Board (IRB), where your eligibility and credibility are assessed. Knowing how to conduct yourself in this meeting is essential for success; immigration lawyers can help you navigate your hearing with confidence and help increase your chance of acceptance.
Impact on Family Members
Many of those seeking to immigrate and obtain refugee status also wish to bring their family members with them. Refugee claims often extend to dependents, however it is important to know that their inclusion requires careful consideration and additional documentation. For those with family members still living in areas that remain under conflict and unsafe conditions, there may be additional legal measures to reunite everyone in Canada.
Potential Challenges
While Canada’s refugee system is robust, immigrating is not without its share of challenges. Language barriers, for example can create misunderstandings that lead to a poor interview experience or negatively effect your hearing before the IRB and insufficient and/or inconsistent documentation can damage your perceived credibility. For those looking to claim refugee status quickly, it’s important to know that processing delays are a reality to contend with, and backlogs can often lead to prolonged waiting periods for many applicants.
Should your claim be denied, there are multiple consequences you may face, including removal from Canada. Fortunately, there are legal options available to challenge a denial, such as appeals to the Refugee Appeal Division (RAD) or applications for Judicial Review. Pre-Removal Risk Assessment (PRRA) may be filed to highlight ongoing dangers in your home country in certain cases.
Our team of experienced immigration lawyers will be able to decide which method of appeal or strategy is best suited to your specific case.
The Benefits of Refugee Status
Obtaining refugee status in Canada offers a life-changing opportunity for successful applicants. In addition to being able to stay in the country legally, recognized refugees can access healthcare, education, and settlement services designed to support their integration into Canadian society. Refugee status also provides a pathway to permanent residency (PR) and eventual citizenship, allowing individuals to rebuild their lives in safety and stability in the new country they call home.
Immigration Legal Support You Can Trust
At Vayeghan Litigation, we know that achieving refugee status is often a daunting task for individuals fleeing dangerous circumstances. Our team of immigration lawyers brings years of valuable experience to refugee, asylum, admissibility, and deportation matters, as well as support for those pursuing work visas, Permanent Residency, and more. With our counsel on your side, you can rest easy knowing you’ll never have to face the legal system alone.
BOOK YOUR FREE CONSULTATION NOW
If you are seeking refuge or asylum in Canada, don’t leave your safety or freedom up to chance.
CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation ASAP.
