Understanding the Process of Seeking Asylum in Canada
If you are planning to enter Canada for a conference or any other reason and you are considering seeking asylum, it is important to understand the process and requirements. Entering Canada and making a refugee claim is a complex and often uncertain journey. This article aims to provide an overview of the steps involved and the criteria for seeking asylum in Canada.
Eligibility for Asylum in Canada
Entering Canada solely for the purpose of seeking asylum should be carefully considered. Refugees and asylum-seekers must meet specific criteria set by the Canadian government. The process involves several stages, which are detailed below.
Ministry of Immigration, Refugees and Citizenship Canada (IRCC)
When you enter Canada, CBSA (Canada Border Services Agency) officials will initially determine if you are eligible for a refugee hearing. The process includes verifying your identity, checking for any criminal record, and ensuring that there are no pending claims in another country. If you have received protection from another country, or if you have arrived from a safe country, you will not be referred for a hearing.
Refugee Hearing Process
For those who are eligible, a hearing date will be assigned. During the hearing, you must present compelling evidence that you face a real and imminent risk of persecution based on race, religion, political opinion, nationality, or membership in a particular social group, including women and LGBTQ individuals. It is important to note that Canada does not accept economic refugees.
Who is an Asylum-Seeker?
An asylum-seeker is a person who has left their home country due to fear of persecution and human rights violations and has crossed into another country to seek protection and a fair hearing on their case. The right to seek asylum is a fundamental human right, and this means that entry into a country for this purpose should be allowed.
Claiming Asylum at the Border
You can make a refugee claim in Canada either at a port of entry upon arrival or online if you are already in Canada. The claim will be evaluated by IRCC officials, who will determine if you meet the eligibility criteria. Factors such as whether you have committed a serious crime, made a previous claim in Canada, or received protection in another country are considered.
Differences Between Asylum Seekers and Resettled Refugees
Asylum seekers and resettled refugees are two distinct categories of individuals coming to Canada. Asylum seekers make their claim upon entry, often by irregular means, while resettled refugees are screened abroad, undergo security and health screenings, and are admitted to Canada as permanent residents. Asylum seekers are not considered queue jumpers or a threat to resettled refugees.
Health and Security Screening
Regardless of whether you made your claim at the border or online, all refugee claimants undergo a comprehensive health and security screening process. This includes biographic and biometric checks, as well as security and criminality checks. This ensures that the claimants are not a security risk and that their claims are legitimate.
Conclusion
Seeking asylum in Canada is a significant step and the process can be challenging. It is crucial to understand the criteria and the steps involved to increase your chances of success. If you are considering making a refugee claim, it is advisable to seek legal advice from a licensed immigration lawyer or advocate to ensure that you meet all the necessary requirements.