Refugee Law Lawyers

In its legal framework, Canada offers protection to individuals fleeing persecution or danger in their home countries, often referred to as refugees. The Immigration and Refugee Protection Act (IRPA) governs refugee law in Canada and how it applies to those seeking support. Canada’s refugee system aligns with many other international human rights agreements, like the United Nations Refugee Convention and the Convention on the Rights of the Child (CRC). 

If you are:

• An individual considering applying for refugee status in Canada 
• An individual whose refugee claim has been denied
• Or considering other legal solutions

Our Vancouver immigration lawyers at Border Solutions Law Group can help. The refugee process is complex, but our team can help you navigate the process with confidence. To schedule a consultation and discuss your situation in detail, contact us today.

Who Qualifies as a Refugee in Canada?

In Canada, the IRPA contains two definitions of what constitutes a refugee. These include:

• Convention Refugees: These are individuals facing persecution in their country of residence due to: 
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a specific social group, including LGBTQ+ individuals, women, ethnic minorities, and others
• Persons in Need of Protection: If these individuals returned to their initial country of residence, they may be subject to:
  • Torture
  • Risk to life
  • Cruel or unusual punishment or treatment

The IRPA allows for such individuals to apply for refugee status to become a resident in Canada. You may also be eligible to apply for a work or study permit while awaiting a decision on your refugee status. You should be aware that you cannot return to your home country at any point after making a claim, as your refugee status may be denied or revoked.

It is important to note that applying for refugee status is different than applying for Canadian residency on Humanitarian & Compassionate (H&C) Grounds. Refugee claims are meant to focus on persecution and life-threatening danger, while H&C applications consider undue hardship an individual might face, such as:

• Impacts to the best interests of children
• Family separation
• Domestic violence
• Health considerations 
• Or other significant issues

How the Refugee Claim Process Works in Canada

Not everyone qualifies to make a refugee claim in Canada due to nuances in IRPA definitions. You may be ineligible to apply for refugee status if:

• You have already received refugee status in another country that you’re able to return to
• You previously applied for refugee status in Canada, but your application was denied, withdrawn, or abandoned
• You have been subject to a removal order from Canada
• You are inadmissible in Canada on security grounds, such as criminal activity or human rights violations.

If you are eligible to be considered for refugee status according to the IRPA, your claim will be considered by the Immigration and Refugee Board of Canada (IRB). They are an independent administrative tribunal responsible for making decisions about refugee claims in Canada. 

Typically, the refugee hearing process will entail:

1. Application Submission

You will need to provide detailed personal statements, documentation, and other supporting evidence that proves you are at risk of being persecuted or losing your life. Your application will be referred to the IRB for determination. They will review your documents, conduct a background check, and assess the legitimacy of your claim.

2. Refugee Protection Division (RPD) Hearing

You will normally need to present your case for refugee status before the Refugee Protection Division (RPD) of the IRB. During this hearing, an independent decision-maker will consider:

• The credibility of your story
• The evidence you are able to provide
• Your explanation for seeking refugee status
• Your Basis of Claim (BoC) form and other documentation
• Current known conditions in your home country
• Whether you have attempted to seek protection in your own country before deciding to flee to Canada
• Whether potential internal relocation options exist within your home country
• And more

3. Decision Making

The RPD will have the final say over whether you are granted refugee status. If your claim is approved, you will become a protected person and can then apply for permanent residence (PR) in Canada. If your claim is denied, you may receive a removal order from the Canada Border Services Agency (CBSA) or appeal the decision.

The hearing process is often lengthy and involves several different steps. If you have questions about your eligibility or how the IRB makes its decisions, it’s recommended that you speak with an experienced Canadian immigration lawyer.

Refugee Claim Denials & Appeals

When your refugee claim is denied, it can be daunting. However, you have multiple options to help maintain your status in Canada. 

If the RPD decides to deny your application, you will receive written reasons from the agency for the rejection. If you wish to appeal the negative decision, you typically have 15 days to submit a Notice of Appeal. From this point, there are a couple of options available to you, including: 

• A Refugee Appeal Division (RAD) Appeal: The Refugee Appeal Division (RAD) reviews decisions made by the IRB. As an applicant who was denied, you may have the right to argue that the IRB’s negative decision was wrong in law or fact, or that there’s new evidence to consider. You will have the opportunity to present new evidence or clarify documentation you previously submitted. The RAD will decide whether to uphold the IAD’s initial denial or grant you refugee status in Canada.
• Judicial Review at the Federal Court: If the RAD upholds your initial denial, you may be eligible to pursue a judicial review in the Federal Court. This process is complex and relatively rare, as it requires express permission (leave) from a judge. If the court grants leave, you will need to submit written legal arguments and your lawyers may need to attend an oral hearing.

Not every refugee claimant has the right to appeal a negative decision from the IRB. If you have questions about your eligibility for an appeal, it is recommended that you speak to an immigration lawyer about your situation.

How Can Our Vancouver Refugee Lawyers Help?

At Border Solutions Law Group, our Vancouver immigration lawyers have experience handling refugee claims and appeals. Navigating the refugee process is complex, but we believe you shouldn’t have to do it alone. This is especially true if you’re facing danger or persecution in your home country. 

When you work with our immigration team, we’ll help you:

• Assess your eligibility for refugee status and advise you on your best course of action
• Gather evidence to build a strong case for the IRB
• Prepare for your refugee hearing before the IRB
• Handle appeals and judicial reviews if your claim is denied
• Apply for Refugee Travel Documents (RTDs), when necessary
• Apply for Permanent Residence when your claim is approved
• And more

We’re passionate about helping those facing hardship pursue a better life in Canada. Whether you need assistance organizing your first application or you need help appealing a negative decision, we can guide you every step of the way. Contact us today to discuss your situation.

Applying for Refugee Status in Canada? Contact our Vancouver Immigration Lawyers Today

If you’re applying for refugee status in Canada, don’t hesitate to speak to an immigration lawyer as soon as possible. Due to the complex nature of refugee claims, it’s important that you have reliable legal knowledge on your side throughout the process. 

At Border Solutions Law Group, our Vancouver immigration lawyers are prepared to help you navigate your claim, no matter what stage you’re at. To schedule a consultation with our immigration team, you can call our Vancouver office toll-free at 877-341-6761 or fill out our online contact form.