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Asylum law in Ottawa, Canada is governed by federal statutes and international agreements. Canada is known for its humanitarian tradition of offering protection to those who fear persecution and danger in their home countries. This is done through the Refugee and Asylum System that ensures fair hearing for individuals seeking asylum. Asylum-seekers can apply for refugee status in Ottawa, and if granted, have the same rights as Canadian citizens apart from voting or running for political office, but can live, work, and access social benefits in Canada.
Applying for asylum in Canada can be a complex and challenging process involving detailed legal procedures and strict timelines. Lawyers specialized in asylum law provide vital assistance, from initially applying for refugee status and filling out necessary paperwork, to representing individuals at hearings with the Immigration and Refugee Board. They could also assist in case of appeals against negative decisions, or help family members abroad to join the asylum-seeker in Canada. In instances of detention or deportation orders, a lawyer's intervention can also be incredibly valuable.
Canadian asylum laws are based on the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol, along with the Immigration and Refugee Protection Act. The Act underlines that everyone has the right to seek asylum from persecution. Asylum seekers may apply either as Convention refugees (those who apply for asylum while outside of Canada), or as persons in need of protection (those who apply at a port of entry or after they have arrived in Canada). It also prohibits the removal of any refugee to a country where their life or freedom would be threatened.
Anyone who has a well-founded fear of persecution at their homeland due to race, religion, nationality, political opinion, or membership of a particular social group could apply for asylum in Ottawa.
The processing time for asylum applications can vary depending on various factors such as the complexity of the case, current workload of the Immigration and Refugee Board, or possible appeals.
While waiting for their application to be processed, asylum-seekers can apply for a work permit. However, the granting of the permit is at the discretion of the Immigration authorities.
If an asylum claim is denied, applicants may appeal the decision at the Refugee Appeal Division, or apply for a judicial review at Federal Court. In both situations the intervention of a lawyer is crucial.
Once a person is granted asylum in Canada, they can apply to sponsor their spouse, partner, dependent children, or other eligible relatives to come to Canada as well.
For further information and support, individuals can approach governmental bodies such as Immigration, Refugees and Citizenship Canada (IRCC), or the Immigration and Refugee Board of Canada (IRB). Non-profit organizations like the Refugee Sponsorship Training Program (RSTP), Canadian Council for Refugees (CCR), or local community centers are also valuable resources.
If legal assistance is required for an asylum claim, it is recommended to contact a lawyer specializing in asylum law as soon as possible. They can provide guidance throughout the application process and ensure that all documentation is appropriately completed and submitted timely. Further, they may also provide representation in hearings or appeals if necessary.
