Refugee Asylum



Refugee and Asylum:


According to Canadian legislation, a refugee is identified in accordance with the Immigration and Refugee Protection Act (IRPA) and Canada’s commitments under the 1951 UN Refugee Convention.

Canada classifies refugees into two primary groups:

1. Convention Refugee (IRPA, s. 96)


  • An individual who: Experiences a legitimate fear of persecution in their nation of citizenship (or previous country of residence if they are stateless) based on at least one of the following criteria:
    • Race
    • Religion
    • Nationality
    • Belonging to a specific social group (e.g., gender, sexual orientation, family)
    • Political beliefs
  • Cannot or will not seek protection from their home country.

2. Person in Need of Protection (IRPA, s. 97)


An individual who does not qualify as a Convention refugee but would encounter:

  • A threat of torture
  • A risk to their life, or
  • A danger of cruel and unusual treatment or punishment, if sent back to their country of origin.

Refugee Appeals:


1. Legal Framwork


In Canada, the process for refugee appeals is regulated by the Immigration and Refugee Protection Act (IRPA). The Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada (IRB) is the applicable authority.

2. Eligibility to Appeal


Individuals may appeal to the RAD if their claim for refugee protection has been denied by the Refugee Protection Division (RPD), unless they are legally prohibited from doing so. Common reasons that prevent an appeal include:

  • Once the claim was deemed manifestly unfounded or lacking a credible basis.
  • Once the individual entered through a Designated Country of Origin (DCO), a designation that has seen little activity since 2019.
  • Once the claim was classified as ineligible (for instance, if the person is already protected in another country, presents security concerns, or has serious criminality issues).

3. Basis for Appeal


At the RAD, appeals are centered on whether the RPD:

  • Committed an error in law,
  • Committed an error in fact,
  • or committed an error involving both law and fact.

The appellant is also allowed to introduce new evidence that was not reasonably accessible during the RPD hearing.

4. Potential Resolutions


The RAD has several options:

  • Uphold the RPD’s ruling.
  • Overturn the RPD’s decision and replace it with a new ruling that grants refugee protection.
  • Send the case back to the RPD for further consideration.

5. Deadline


Typically, the Notice of Appeal needs to be submitted within 15 days of receiving the RPD’s written decision. The Appellant’s Record, which includes arguments, evidence, and the legal rationale for the appeal, must usually be filed within 30 days.


Pre-Removal Risk Assessment (PRRA)


1. Legal basis


The PRRA is governed by the immigration and Refugee Protection Act (IRPA), sections 112–114. It is a process that allows certain individuals facing removal from Canada to apply for protection before they are deported.

2. Who can apply


A PRRA is available to people who are subject to a removal order from Canada, but only under specific conditions. Not everyone can apply immediately — bars and waiting periods depend on whether the person has already made a refugee claim or a previous PRRA application.

3. Grounds for protection


A person may be granted protection under PRRA if they would face, in their country of return:

  • Persecution based on race, religion, nationality, membership in a particular social group, or political opinion (convention refugee grounds, IRPA s. 96), or
  • A risk to life, torture, or cruel and unusual treatment or punishment (person in need of protection grounds, IRPA s. 97).

4.Key features


  • The PRRA is not an appeal of a refused refugee claim. It is a separate assessment of risk, usually based on new evidence or changes in country conditions since the last decision.
  • PRRA officers are specialized immigration officers designated by the minister.
  • If granted, the person receives protected person status, which can lead to permanent residence.

5.Restrictions & waiting periods


  • Claimants whose refugee claim was rejected, abandoned, or withdrawn may be barred from applying for a PRRA for 12 months after the final decision.
  • People who were found inadmissible for serious criminality, security, or human rights violations are not eligible.

Permanent Residency (Protected person)


1. Eligibility


If the Immigration and Refugee Board (IRB) has approved your refugee claim or you have received a favorable Pre-Removal Risk Assessment (PRRA), you are legally recognized as a Protected Person in Canada. This designation enables you to apply for Permanent Residence (PR) in the country.

2. Who Can Apply


  • The primary applicant (the protected individual).
  • Family members residing in Canada (spouse/partner and dependent children).
  • Additionally, family members living outside of Canada can be included, as long as they are disclosed in the PR application.

3. Application Process


  • Complete Application Package:

    • Fill out the necessary IRCC forms associated with the Protected Persons and Convention Refugees in Canada Class.

  • Provide Supporting Documents:

    • Include identity documents, the IRB's decision or the acceptance of a PRRA, photographs, police certificates (if required), and proof of family connections.

  • Medical Exam & Biometrics:

    • All applicants are required to undergo a medical examination and submit biometrics.

  • Submit Application to IRCC:

    • Applications should be sent to the Case Processing Centre (CPC) in Mississauga or submitted online, depending on the current IRCC procedures.

  • Processing Time:

    • Varies but is typically VARIABLE. Throughout this period, you remain under protection and are permitted to work or study in Canada.

4. After Approval


You and your included family members will obtain Permanent Resident status in Canada. You will have the right to live, work, and study, as well as access healthcare, and eventually apply for Canadian citizenship when eligible.


Refugee Travel document


1. What is a Refugee Travel Document?


When an individual's refugee application is approved in Canada, they obtain the status of a Protected Person. As they are unable to safely utilize their home country’s passport, they can request a Refugee Travel Document (RTD) issued by the Canadian Government.

  • This document permits international travel, except travel to the country from which protection was requested.
  • It enables refugees to travel to other countries, subject to fulfilling visa requirements.

2. Application Process


The RTD is provided by Immigration, Refugees and Citizenship Canada (IRCC) through Passport Canada. To apply for it, you will need:

  • Verification of your protected person status (IRB decision or PR approval as a Protected Person).
  • A completed application form PPTC 190 (Travel Document Application for Refugees) and for a child PPTC 192 (Child Travel Document).
  • Current photographs that adhere to Canadian passport photo guidelines.
  • Two Canadian-issued Identity proofs (Driver's licence, Identity card, Health card).
  • Applicable fees.

3. Guarantor and References


During the application process, you must submit:

Two References:

  • People who have known you personally for at least 12 months.
  • They must be Canadian citizens or permanent residents.
  • They cannot be immediate family members (such as parents, spouse, siblings, or children).

One Guarantor:

  • A guarantor is someone who can verify your identity and confirm that your photographs are authentic.
  • The guarantor must be a Canadian citizen with a valid 5-year passport or an individual in a recognized profession (for example, a doctor, lawyer, teacher, dentist, judge, police officer, etc.).
  • If you cannot find a guarantor, you may be eligible to use the Statutory Declaration in Lieu of Guarantor (Form PPTC 132), which must be signed in the presence of a Commissioner of Oaths, Notary, or Lawyer.

4. Important Notes


  • The RTD is generally valid for up to 5 years, which is the same duration as a standard Canadian passport.
  • Travel is allowed to any destination except for your country of persecution. Going back there could jeopardize your refugee/protected status in Canada