Inland Refugee Claims

Inland Refugee Claims in Canada

Canada is known for its strong commitment to human rights and protecting those facing persecution. Inland refugee claims provide a pathway for individuals already in Canada to seek asylum if they fear persecution in their home country due to race, religion, nationality, political views, or membership in a particular social group.

This guide explains the inland refugee claim process, eligibility requirements, and how RIS can help you secure protection in Canada.

What is an Inland Refugee Claim?

An inland refugee claim allows individuals who are already in Canada to seek asylum because they fear persecution or harm if they return to their home country. Successful claims can lead to permanent residency in Canada.

There are two types of protection for refugees in Canada:

• Convention Refugee: Someone who fears persecution based on race, religion, nationality, political beliefs, or social group membership.
• Person in Need of Protection: An individual at risk of torture, death, or cruel and unusual treatment in their home country.

Eligibility Criteria for Inland Refugee Claims

To be eligible for an inland refugee claim in Canada, you must meet the following requirements:

1. Physical Presence in Canada
   You must be physically present in Canada when submitting your refugee claim. Inland claims are specifically for people already in the country, unlike applications made from abroad.

2. Fear of Persecution
   You must have a genuine fear of persecution in your home country due to one or more of the following:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group (e.g., LGBTQ+ community, gender-based violence victims)

Alternatively, you may qualify as a person in need of protection if you are at risk of torture or cruel treatment if returned to your country.

3. No Other Safe Country
   Under the Safe Third Country Agreement (STCA) with the United States, you must make your refugee claim in the first safe country you arrive in. If you came to Canada through the U.S., you might be ineligible to claim refugee status, except under certain exemptions.

4. Not Inadmissible
   You may be considered ineligible to make a refugee claim if:

• You were previously recognized as a refugee in another country.
• You have a criminal record or pose a security threat in Canada.
• You previously made an unsuccessful refugee claim in Canada.

Inland Refugee Claim Process

The inland refugee claim process involves several steps, each requiring attention to detail to maximize your chances of success:

1. Submitting Your Claim
   You can make your inland refugee claim at a Canadian border or an Immigration, Refugees and Citizenship Canada (IRCC) office within Canada. Upon filing your claim, you will receive a Refugee Protection Claimant Document that allows you to stay in Canada and access essential services such as healthcare and employment while awaiting a decision.

2. Admissibility Check
   Your claim will undergo an initial eligibility review to ensure it meets the basic requirements. If eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB) for a hearing.

3. Gathering Evidence
   Collecting credible evidence to support your claim is essential, including:

• Personal statements detailing persecution or threats in your home country.
• Supporting documents like police reports, medical records, and affidavits.
• Country condition reports demonstrating risks in your country of origin.

4. Refugee Hearing
   The Immigration and Refugee Board (IRB) will schedule a hearing to evaluate the validity of your claim. During the hearing, you must present your case, provide evidence, and answer questions from the IRB to assess the credibility of your claim.

5. Decision
   The IRB will determine whether you qualify as a refugee or a person in need of protection.

• If approved, you will receive protected person status and can apply for permanent residency in Canada.
• If denied, you may be eligible to appeal the decision or request a judicial review, depending on your case’s circumstances.

Rights and Benefits for Refugee Claimants

While your inland refugee claim is being processed, you have access to several rights and services in Canada, including:

• Work Permit: You can apply for a work permit to legally work in Canada while awaiting a decision on your case.
• Healthcare: You are eligible for essential health services under the Interim Federal Health Program (IFHP).
• Education: If you have children, they have the right to attend public schools in Canada.

How RIS Can Help

RIS understands the complexity and emotional challenges involved in inland refugee claims. Our team offers comprehensive support, including:

• Claim Preparation: We ensure that your refugee claim is complete with all necessary documents and evidence.
• Legal Representation: Our experienced legal team provides representation at your IRB hearing and guides you through the entire process.
• Appeals and Judicial Reviews: If your claim is denied, we assist with filing an appeal or seeking a judicial review to challenge the decision.

Begin Your Journey to Protection Today

Canada is committed to safeguarding individuals facing persecution and danger. If you believe you qualify for an inland refugee claim, RIS is here to help you navigate the process.

Contact RIS today to learn how we can assist you in seeking protection and starting a new life in Canada.