Understanding your Available Options
The First Question Is: Where Are You Now?
When a person believes they cannot safely return to their country, the situation can be urgent, confusing and deeply personal.
Some people are already in Canada. Others are arriving at a Canadian airport or land border. Some remain outside Canada and are searching for a way to obtain protection.
The available path begins with one important question:
Where are you now?
A person seeking protection may be:
- Arriving at a Canadian port of entry;
- Already inside Canada;
- Outside Canada and seeking refugee resettlement; or
- Exploring another immigration option.
These situations follow different processes.
Understanding where a person is and what circumstances they are facing is the starting point for determining the appropriate path.
Asylum and Immigration Are Not the Same
Refugee protection is intended for people who require protection because they face persecution or serious risks.
It is different from applying to immigrate to Canada through an economic, family or temporary residence program.
A difficult situation, economic hardship or a desire for better opportunities does not, by itself, establish a refugee claim.
For a person who genuinely fears returning to their country, refugee protection may be an available path.
The circumstances must fit the path.
Seeking Asylum at a Canadian Port of Entry
A person arriving in Canada may seek refugee protection at a Canadian port of entry, including an airport or land border.
The initial process involves determining whether the refugee claim can proceed. The person’s circumstances, manner of entry, immigration history and eligibility can all become relevant. Additional considerations may apply to individuals arriving from the United States.
Seeking protection at the border can therefore involve important decisions from the beginning.
Understanding the circumstances of entry and the available options before proceeding can help clarify the path ahead.
Seeking Refugee Protection From Within Canada
A person already in Canada may seek refugee protection.
They may have originally entered as:
- A visitor;
- A student;
- A worker; or
- Under another temporary immigration status.
A person’s original reason for entering Canada and their current circumstances can both become relevant to a refugee claim.
For many people already inside Canada, the question is whether their circumstances now create a genuine need for protection and whether they can proceed through the refugee determination process.
Can a Visitor in Canada Claim Refugee Protection?
A person who entered Canada as a visitor may later find themselves in circumstances where they believe they cannot safely return to their country.
Visitor status does not define whether a person requires refugee protection.
The person’s circumstances, reasons for seeking protection and eligibility to make a refugee claim must be considered.
A refugee claim is based on the need for protection. It is not simply a pathway for extending temporary status or obtaining permanent residence.
Eligibility and Proving a Refugee Claim
There are two important stages in the refugee process.
The first concerns whether the person is eligible to make a refugee claim.
The second concerns whether the person qualifies for refugee protection.
Once a claim proceeds, the person’s history, circumstances, reasons for fearing return and supporting evidence become central to the determination.
Understanding this distinction helps explain why the process can involve more than simply submitting an application.
The Refugee Hearing
Where a refugee claim proceeds, the matter may be determined through a hearing before the appropriate division of the Immigration and Refugee Board of Canada.
The person’s circumstances and evidence become central to the process.
The individual may explain why protection is required and provide evidence supporting the claim.
The person’s history, written information, supporting documents and testimony may all become part of the record.
The information provided at the beginning can remain important throughout the process.
What Happens if Refugee Protection Is Granted?
A positive decision provides refugee protection in Canada.
The person’s immigration journey may then move toward the process available to protected persons, including a possible pathway toward permanent residence.
The next stage depends on the person’s status and circumstances.
What Happens if the Refugee Claim Is Refused?
A negative refugee decision can lead to another stage in the process.
For eligible individuals, an appeal may be available. In other situations, judicial review before the Federal Court of Canada may become relevant.
The available process is determined by the type of decision and the individual’s procedural history.
An appeal does not necessarily involve another hearing, and judicial review is different from having the refugee claim heard again.
Appeals and Further Proceedings
An eligible person who receives a negative refugee decision may pursue an appeal.
The appeal generally considers the existing record and the issues arising from the original decision.
Where further legal review is required, the matter may proceed toward the Federal Court of Canada.
A Federal Court proceeding can result in a decision being returned for reconsideration.
This is why a refugee matter may continue through several stages after the original hearing.
What if You Are Outside Canada?
The process for a person outside Canada is different from the refugee claim process available to someone already in Canada.
Canada’s refugee resettlement system provides pathways for certain refugees outside Canada.
These pathways may involve international organizations, designated organizations or private sponsorship.
A person seeking protection from outside Canada may therefore need to explore refugee resettlement rather than an inland refugee claim.
Refugee Resettlement and Private Sponsorship
Canada provides refugee resettlement pathways for eligible individuals outside Canada.
Private sponsorship may also provide a pathway for certain refugees.
These programs have their own requirements and processes.
Refugee resettlement, private sponsorship and family sponsorship are separate immigration processes.
Understanding the available pathway is an important first step for a person seeking protection from outside Canada.
Not Every Difficult Situation Is a Refugee Case
People may experience serious hardship in their country, including:
- Economic difficulties;
- Political instability;
- Limited opportunities;
- Difficult family circumstances; or
- Other personal challenges.
These circumstances can be serious without necessarily creating a basis for refugee protection.
Other immigration pathways may be available depending on the person’s circumstances.
The objective is to identify the path that fits the person’s situation rather than attempting to fit every situation into one immigration category.
When a Refugee Matter Becomes More Complex
A refugee matter may involve more than the refugee claim itself.
A person may already have:
- A previous immigration history;
- A refused application;
- Temporary status issues;
- A previous refugee claim;
- A removal concern;
- Family members in Canada; or
- Other immigration complications.
These issues can become part of the overall immigration picture.
For some individuals, the path may involve:
Refugee Claim → Hearing → Decision → Possible Appeal or Further Proceedings → Possible Judicial Review
The history created at one stage can continue to matter at the next.
Humanitarian and Compassionate Considerations
Humanitarian and compassionate considerations may become relevant in certain immigration situations.
H&C is a separate immigration process and may involve compelling personal circumstances, establishment in Canada, family ties and other relevant considerations.
It is not the same as a refugee claim, and the timing of an H&C application can be important.
For individuals whose circumstances involve several immigration issues, the available options should be considered as part of the overall immigration situation.
Understanding the Path Before Taking the Next Step
Asylum and refugee protection can involve some of the most significant immigration decisions a person will make.
The available path may begin with:
- Where the person is currently located;
- Whether they are arriving at a Canadian port of entry;
- Whether they are already inside Canada;
- Their immigration history;
- Their reasons for seeking protection; and
- What stage of the immigration process they have reached.
A person at a Canadian airport may follow a different process from someone already living in Canada.
A visitor may be considering an inland refugee claim.
A person outside Canada may need to explore refugee resettlement.
A person whose refugee claim has been refused may need to understand what process follows the decision.
Understanding the available paths is the beginning. Determining which path fits the individual’s circumstances is the next step.