I am seeking to make a refugee claim in Canada, how do I qualify?
In general, protection is only offered to two types of persons: Convention Refugee and “person in need of protection”.
What does Convention Refugee mean?
Convention Refugee is based on the definition of “refugee” in 1951 United Nations Convention Relating to the Status of Refugees. A person is a refugee if he/she has a well-founded fear of persecution in his/her own country and the country could not protect him/her.
The reason for persecution may be one of the following:
4. Membership of particular social group
5. Political opinion
What are some examples?
An example would a person who is of a particular religious, political, social, sexual group that is discriminated and/or persecuted in the person’s country of nationality. This applies to those groups that are illegal in that country, minority groups, or groups that face systemic discrimination due to inadequate legal protections.
If you are harmed or threatened, physically and/or psychologically, in your country of nationality due to any of the five reasons above, you may be determined to be a Convention refugee or a person in need of protection.
Ok, so what if I am persecuted or I am in danger because of other reasons?
You may be determined to be a “person in need of protection” if you faced risk to your life, or risk of cruel or unusual treatment in your country of nationality.
How to determine if I am a “person in need of protection”?
You may be a “person in need of protection” if you faced personal risk to your life, or risk of cruel or unusual treatment in your country of nationality, for example if you faced risk of torture by state agent.
What is an example?
A person may be determined to be in need of protection if they is unable to obtain adequate protection in their country of nationality, and there are no other areas in that country for them to be safe in. For example, where a person is targeted by a criminal organization that has significant control in the country’s government or law enforcement.
If I think that I am eligible, what should I do next?
You should also consult a lawyer to assess your circumstances to determine whether you may be eligible to make a claim in Canada.
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