Best Asylum Lawyers in Davidson

About Asylum Law in Davidson, Canada

In Canada, asylum is called refugee protection. It is a federal process that applies the same way in Davidson as it does across the country. People who fear persecution in their home country can make a refugee claim inside Canada or at a port of entry. Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency handle intake and eligibility, and the Immigration and Refugee Board of Canada decides most claims through its Refugee Protection Division. Hearings for people living in Saskatchewan are often held by video conference, and sometimes in-person in larger centers. If a claim is accepted, the person becomes a protected person and can apply for permanent residence. If it is refused, there may be limited appeal or review options, followed by removal if there is no successful challenge.

Why You May Need a Lawyer

Asylum law is complex, evidence heavy, and deadline driven. A lawyer or an authorized immigration representative can help you understand what the law requires and how to present your case clearly and credibly. Common reasons people in Davidson seek legal help include preparing the Basis of Claim form, gathering country condition evidence, organizing personal statements and corroborating documents, preparing for a hearing, working with interpreters, obtaining expert or medical reports, dealing with trauma-related memory issues, responding to procedural fairness letters, addressing criminality or immigration history concerns, applying for release from immigration detention, filing an appeal to the Refugee Appeal Division when eligible, seeking judicial review at the Federal Court when there is no RAD right, and pursuing other options such as humanitarian and compassionate applications or a pre-removal risk assessment after a refusal. Professional help can also be critical where Safe Third Country Agreement issues arise at the Canada-United States border.

Local Laws Overview

Refugee protection in Davidson follows the federal Immigration and Refugee Protection Act, its Regulations, and the rules of the Immigration and Refugee Board. Key points include eligibility screening by IRCC or CBSA, strict filing deadlines for the Basis of Claim form, notice and scheduling rules for hearings, and rules for evidence and disclosure. People who make a claim at a port of entry are subject to the Safe Third Country Agreement with the United States. Most people entering at a land border from the United States cannot make a claim unless they meet a listed exception such as certain family connections in Canada, unaccompanied minor status, specific document holder status, or a public interest exception. Those who are ineligible under the Agreement may be refused entry and removed.

The Refugee Protection Division decides claims at a hearing unless an acceptance is possible on the written record. Some claimants are not eligible to appeal to the Refugee Appeal Division, for example if the claim was declared abandoned or withdrawn for certain reasons, or where other statutory limits apply. A negative RAD decision can be challenged by judicial review in the Federal Court with leave. Removal is enforced by CBSA after final negative outcomes. A pre-removal risk assessment may be available after a statutory waiting period, which is commonly 12 months from the last negative decision, with limited exceptions for sudden changes in the home country.

Claimants usually can apply for an open work permit after their claim is referred to the IRB, once they meet identity, biometrics, and medical requirements. Health coverage is provided through the Interim Federal Health Program for basic and some supplemental services until other coverage applies. In Saskatchewan, newcomers in Davidson may be able to access settlement supports from agencies based in Saskatoon or Regina, enroll children in school, and apply for provincial income support if eligible. Deadlines in refugee cases can be short, sometimes as little as 15 days for filing key forms. Always follow the deadlines printed on your notices and forms.

Frequently Asked Questions

What is the difference between asylum and resettlement in Canada

Asylum, also called an inland refugee claim, is when you ask for protection after arriving in Canada or at a Canadian port of entry. Resettlement is when you are selected to come to Canada as a refugee from outside Canada, often referred by the United Nations Refugee Agency or a private sponsor. The rules, timelines, and decision makers are different for each pathway.

How do I start an asylum claim if I live in Davidson

You can make a claim online inside Canada or at a port of entry. If you are already in Saskatchewan, you will complete forms, provide biometrics and identity documents, attend an eligibility interview, and then your claim will be referred to the Refugee Protection Division. You will receive instructions and deadlines for your Basis of Claim form and any hearing.

What is the Basis of Claim form and when is it due

The Basis of Claim form is your detailed written story and list of evidence explaining why you need protection. It must be filed by the deadline on your referral notice. Federal rules set short timelines, often 15 days from referral. Missing the deadline can lead to abandonment. Get legal help as soon as you receive your referral notice.

Can I work in Davidson while my claim is pending

Most eligible claimants can apply for an open work permit after referral of the claim, once identity, biometrics, and medical steps are completed. After you get your work permit, you can apply for a Social Insurance Number and seek employment. Keep your permits valid and follow any conditions listed on them.

Where will my hearing take place if I live in Davidson

Hearings for claimants in Saskatchewan are often held by video conference, sometimes with an IRB member located in another city. In some cases, in-person hearings may be scheduled at a designated hearing room in a larger center. Your notice of hearing will explain the format and location.

Can I include my family in my claim

You can include your spouse or common-law partner and dependent children in Canada in your claim. Family outside Canada are listed as family members for possible later sponsorship if you are accepted, but they do not receive protection automatically. Each person has their own eligibility and security screening.

What happens if I traveled through the United States before coming to Canada

If you present at a land border from the United States, the Safe Third Country Agreement may make you ineligible to claim unless an exception applies. If you are already inside Canada and make a claim inland, the Agreement does not apply the same way, but your travel history and any prior status in the United States will still be reviewed for eligibility and credibility.

Do I need an interpreter or supporting experts

If you are not fully comfortable in English or French, you can request an interpreter for your hearing. For some cases, medical, psychological, or country expert reports can help explain injuries, trauma, identity, or cultural context. A lawyer can advise whether such reports are helpful and how to obtain them.

What if my claim is refused

You may be able to appeal to the Refugee Appeal Division. Some claims do not have a right of appeal, in which case you can consider judicial review at the Federal Court. There are strict filing deadlines. If all remedies fail, CBSA will arrange removal, and you may be assessed for a pre-removal risk assessment when eligible.

How long does the process take

Timelines vary based on caseloads and your specific situation. You should expect several months to more than a year from referral to a final decision in many cases. Delays can occur for document gathering, interpreter scheduling, or the need for additional evidence. Always keep your contact information up to date with every office handling your case.

Additional Resources

Government bodies involved in asylum include Immigration, Refugees and Citizenship Canada, the Immigration and Refugee Board of Canada, and the Canada Border Services Agency. For free or low-cost legal help, consider Legal Aid Saskatchewan, Pro Bono Law Saskatchewan, and the Law Society of Saskatchewan Referral Service. Settlement and newcomer supports are available through organizations such as the Saskatoon Open Door Society, the Regina Open Door Society, the Global Gathering Place in Saskatoon, the Moose Jaw Multicultural Council, and the Canadian Red Cross in Saskatchewan. Community health and mental health supports can be accessed through local clinics and counseling services familiar with trauma-informed care. For international background information and guidance, many people consult the United Nations Refugee Agency and reputable country research sources through local libraries or legal representatives.

Next Steps

Act quickly. Note every deadline on the documents you receive. Collect identity documents, passports, national IDs, proof of your personal story such as police reports, court documents, medical records, photos, messages, and witness statements. Write a clear timeline of what happened to you and why you are afraid to return. Contact a qualified immigration and refugee lawyer or authorized representative in Saskatchewan to review your situation and strategy. Ask about interpretation if you need it. Keep copies of everything you submit and receive, and store them safely. Attend all appointments with IRCC, CBSA, and the IRB, and update your address and phone number with each office any time you move. If you feel unsafe or face urgent removal, contact a lawyer immediately and reach out to local support organizations for practical assistance.