Blogs

ASYLUM SEEKERS IN CANADA

Immigration law

06 Feb

Canada honors its global responsibilities to those who truly require aid and protection. At the same time, we must ensure that all regulations are adhered to in order to safeguard the safety, security, and health of Canadians.

Asylum claimants must navigate a detailed and rigorous process to establish the legitimacy of their claims in accordance with both Canadian and international legal standards. This process involves a careful review of the evidence and circumstances surrounding each case to determine if the claimant meets the criteria for protection.

Canada’s system, guided by a set of established rules and procedures, examines every detail with the precision of a detective on a high-stakes case. It is dedicated to making sure only those with genuine claims receive asylum, all while keeping the immigration process as secure as a secret agent's briefcase.

It’s a fine balancing act-like trying to juggle flaming torches while walking a tightrope between offering a lifeline to those in genuine need and ensuring the integrity of our process remains intact.

Seeking asylum is not a clever hack to bypass the usual immigration rules and procedures. It's a serious process designed for those who genuinely face serious risks or persecution in their home countries. Think of it as the VIP pass for people in dire situations and not a backstage pass for someone who just wants to skip the line.

To qualify for asylum, you need to present clear and convincing reasons why protection is necessary. Without legitimate and compelling grounds, your request will be like trying to get into a concert without a ticket. You are not getting past the door. This ensures that the system remains fair and effective, giving genuine cases the attention they deserve and keeping out the occasional party crasher.

The Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP) are like the ultimate tag team in keeping Canada’s borders secure. They work tirelessly to deter and catch anyone trying to sneak in, ensuring Canadians stay safe and sound.

Think of CBSA and RCMP as the border’s dynamic duo: CBSA handles security at the official ports of entry and inland, while the RCMP takes care of things in between, like a border patrol superhero. Together, they ensure that only the right people get through, while keeping the riff-raff at bay.

Refugee claimants and resettled refugees are distinct groups with different processes. Asylum seekers make their claims in Canada, either at a port of entry or online, and these claims are partly regulated by international treaties Canada has agreed to uphold.

In contrast, resettled refugees go through a thorough screening process abroad, including health and security checks (think of it as a very rigorous pre-flight checklist) before they even get their visa to come to Canada. It’s like they’re on a VIP list, but with a lot more paperwork and a medical exam thrown in for good measure.

Once they arrive, resettled refugees are given the royal treatment as permanent residents. Since refugee claimants and resettled refugees come through different immigration channels, it’s like they’re taking different routes to the same party.

So, asylum seekers arriving don’t cut in line or take the place of resettled refugees or anyone else coming through other immigration pathways in the department’s annual Levels Plan. Everyone has their own entrance and VIP pass.

All refugee claimants undergo comprehensive health and security screenings. This process involves detailed biographic checks, where personal history and background information are reviewed, and biometric checks, which include fingerprinting and facial recognition to confirm identity.

Additionally, the screening process kicks off security and criminal background checks to spot any potential risks. Think of it as a thorough background check, like checking if someone has a “good” credit score, but for safety and security. This careful vetting ensures that all claimants are scrutinized for health and safety concerns before their claims move forward, making sure everyone is in tip-top shape before they join the Canadian adventure.

Some folks decide to play hide-and-seek with Canada’s borders by sneaking in between official entry points. Not only is this a bit like playing hopscotch on thin ice, but it’s also illegal. For your safety and to avoid any unwanted attention from the law, the Government of Canada strongly recommends sticking to the designated entry points. It’s much safer than turning your arrival into an impromptu adventure.

If the RCMP or local law enforcement catch you sneaking across the border, you'll be arrested and put through a security check before meeting with an immigration or border officer. Unless you qualify for one of the Safe Third Country Agreement’s special exceptions, you’ll be sent back after the officer finishes their immigration review.

If your claim isn’t approved, you’ll get a removal order and have to follow certain rules until your removal date. Before you leave Canada, you might be offered a Pre-Removal Risk Assessment (PRRA) by CBSA. CBSA kicks off the process, but IRCC actually does the PRRA. This assessment looks at how risky it would be for you if you were sent back to your home country.

Every eligible refugee claimant gets a fair hearing at the IRB, which is like an impartial referee in the legal game. Each case is judged on its own merits, with decisions based on the evidence and arguments you bring. So, bring your A-game and maybe a lucky charm.

When making decisions, the IRB looks at whether the claimant fits the United Nations' definition of a Convention refugee, now part of Canadian law or if they are someone who needs protection.

Once someone is deemed eligible to claim refugee status in Canada, they can access various supports while their claim is being reviewed. This includes social assistance, education, health services, emergency housing, and legal aid. Plus, most eligible claimants can apply for a work permit after completing a medical exam, regardless of whether they filed their claim at the border or at an inland office.

If a refugee claimant decides to pack up and move to a new province while waiting for their IRB hearing, they will need to give their old province a heads-up about their departure and then apply for services in their new province. It’s like changing your mailing address, but with a bit more paperwork and a touch of provincial politics.

Once a refugee claimant gets the green light on their claim, they’re granted protected person status and get access to all the federally funded settlement services. A thumbs-up on a Pre-Removal Risk Assessment usually means the same status. So, they can stick around and even apply to become a permanent resident.

The support services on offer include everything from needs assessments and orientation to language training and job support, plus the chance to mingle and make new friends in their new community. It’s like getting a full-on survival kit for starting a new life in Canada.

If the Refugee Protection Division turns down a claim, individuals can appeal to the Refugee Appeal Division of the IRB. If that’s not an option, they can ask the Federal Court to review the decision.

After all appeal options are used up, the conditional removal order from when the claim was first made becomes enforceable, meaning they have to leave Canada. Failed claimants might not qualify for social assistance, depending on the province, so it's best to check directly with provincial authorities.

The CBSA is tasked with removing all inadmissible foreign nationals who have an enforceable removal order. Everyone has the right to due process, but once all legal options are exhausted, we expect them to either leave Canada or be removed by the CBSA.

Missing a removal interview or date could land you with a Canada-wide arrest warrant and possibly a stay in detention before you're escorted out. It’s like forgetting a crucial meeting and then getting a nationwide “You’ve Been Noticed” notification-definitely not the kind of attention you want.

Get the lowdown on Canada’s refugee system before you gamble with the life you’ve worked so hard to build. It’s better to know the rules before you start playing, or you might end up with a surprise you didn’t sign up for.