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Asylum law in Canada provides protection to individuals who are fleeing persecution from their home countries. Canadian asylum seekers may be granted refugee protection if they demonstrate a well-founded fear of persecution due to factors such as race, religion, nationality, membership in a particular social group, or political opinion. Canada is committed to upholding international agreements like the 1951 Refugee Convention and the 1967 Protocol, ensuring that refugees are not returned to their country of origin where they could face danger.
Seeking asylum is a complex legal process that can benefit greatly from professional legal assistance. Here are some common situations where people may require legal help:
Canada's asylum laws are primarily governed by the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations. Key aspects include:
An asylum seeker is someone who has applied for protection as a refugee but has not been recognized as such yet. A refugee is someone whose asylum claim has been accepted and who is entitled to protection under the law.
Individuals can apply for asylum at a port of entry, at an inland office, or after entering Canada using an online application or paper forms.
Asylum seekers can apply for a work permit, but it is dependent on specific criteria being met, such as not being under a removal order.
The processing time can vary significantly, typically ranging from several months to a few years, depending on the case complexity and backlog.
If an asylum claim is rejected, claimants may have the option to appeal to the Refugee Appeal Division or pursue a judicial review by the Federal Court.
Family members who are present in Canada must be included in the asylum claim. Each family member will be assessed individually.
During a refugee hearing, a decision-maker will question the claimant to assess the validity of their fear of persecution or risk of harm.
Asylum seekers are generally advised not to travel outside Canada while their claim is pending, as it may have significant implications for their case.
The government, through the IRB, assesses, approves, or denies asylum claims based on the information provided by the claimant and applicable laws.
Generally, a person cannot reapply for protection in Canada after a claim is denied, but there are exceptions based on changes in circumstances or new information.
The following resources can provide additional information and support for those seeking asylum in Canada:
If you require legal assistance with your asylum case in Canada, consider taking the following steps:
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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