In 2019 alone, Canada resettled 30,000 refugees from abroad. Canada helps people in need through asylum and resettlement programs. Unfortunately, every year millions of people all over the world have to leave their homes to avoid persecution, war or serious violations of human rights.

REFUGEES AND PROTECTED PERSONS

The refugees and protected persons class include all those people who are outside of their home countries and fearful of persecution in their home countries for reasons of race, religion, nationality, membership in a particular social group or political opinion (these people are called Geneva Convention refugees) as well as persons who are seriously and personally affected by civil war or armed conflict or have suffered a massive violation of human rights (these people are called protected persons). This class covers refugees both who are in Canada and who are still outside of Canada but want to resettle in Canada.

Refugee Determination Programs

The Canadian refugee determination system has two types of refugee and protected person programs:

1: In-Canada Asylum Program: This program is for people making refugee protection claims from within Canada. Four types of applications are processed from Inside Canada under this program; Convention Refugees, persons in need of protection, PRRA applications, and Protected Temporary Residents (PTR)

2: The refugee and Humanitarian Resettlement Program; This program is for people who need protection but are outside Canada. Such applications are mainly processed and completed outside of Canadian borders. Two types of applications are processed under this program; the Convention refugees abroad class, and the Country of Asylum Class.

Who is a Convention Refugee?

You are a convention refugee if you meet the following criteria:

REQUIREMENTS

Current residence: You must be outside of your country of origin/home country. If you are inside Canada, you must not be subject to a removal order.

Factors: You must have one or more of these 5 factors: You cannot return to your country due to well-founded fear of persecution based on 1) race, 2) religion, 3) political opinion, 4) nationality, or 5) membership in a particular social group such as gender, LGBTQI, etc. Please note if you are escaping a just prosecution due to a crime you have committed in your home country, you will be deemed inadmissible to Canada and may be removed.

Who is a person in need of protection?

A person in need of protection is a person in Canada, who cannot return to their home country safely. This is because, if they return, they may face the danger of torture, a risk to their life, or risk of cruel and unusual treatment or punishment,

Who is a Protected Temporary Resident (PTR)?

Sometimes, refugees outside of Canada require urgent and immediate protection, therefore, this category was created to offer urgent protection to persons in danger and bring them to Canada as protected temporary residents, so they can complete the remaining process in Canada.

The protected temporary residents will need to apply for permanent residence from inside Canada in order to live in Canada permanently. Protected temporary residents’ P.R application is often processed quickly and does not take as long as the ordinary P.R application process.

What is a Convention Refugee Abroad Class?

You are a Convention Refugee Abroad if you meet the following requirements:

1. are afraid of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and
2. are outside Canada.
3. are outside your country of nationality and unable or, because of your fear, unwilling to obtain the protection of your country; or
4. if you have no country of nationality, are outside your country of former habitual residence (home country) and are unable or, because of your fear, unwilling to return to that country.

What is the Country of Asylum Class?

The Country of Asylum Class is developed as Canada’s response to the resettlement needs of people in refugee-like situations who do not qualify as Convention Refugees.

You are a member of the Country of Asylum Class if you:

1. are seriously and personally affected by civil or armed conflict or a massive violation of human rights in your country of nationality or habitual residence (home country); and
2. are outside Canada.
3. are outside your country of nationality and unable or, because of your fear, unwilling to obtain the protection of your country; or
4. if you have no country of nationality, are outside your country of former habitual residence (home country) and are unable or, because of your fear, unwilling to return to that country.

What is a Pre-removal risk assessment or P.R.R.A Application?

This application is initiated by the CBSA. A CBSA officer decides whether you are eligible to apply for a pre-removal risk assessment or not. This application is used by the CBSA to decide whether you should be removed from Canada to your country, or you can stay in Canada.

You cannot be removed from Canada to:

1. a country where you would be in danger of torture
2. you would be at risk of persecution
3. there would be a risk to your life or of cruel and unusual treatment or punishment.

If your PRRA application was accepted, you would get a protected person’s status, and then you can apply for your permanent residence status to IRCC. In rare cases, if you are inadmissible in Canada and your PRRA was accepted, you will not get a protected status, rather, you will not be removed from Canada until your country is safe for you to return to.

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