The asylum program works to provide refugee protection to people in Canada who:
People are not eligible to make a claim if they have:
The PRRA is an opportunity for people who are facing removal from Canada to seek protection by describing, in writing, the risks they believe they would face if removed. Persons whose PRRA applications are approved may stay in Canada.
Canada has a proud history of providing protection to and helping resettle those most in need. That includes those in the lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender diverse (LGBTQI+) community.
As part of the in-Canada asylum program, people facing persecution in their home country because of their SOGIESC can seek refugee protection in Canada.
To support this inclusive system, the Immigration and Refugee Board (IRB), which determines refugee status, has put guidelines in place to promote greater understanding of asylum cases involving SOGIESC, as well as barriers a person may face due to social nonconformity.
SOGIESC. An acronym for sexual orientation, gender identity, gender expression and sex characteristics.
In Canada, anyone can apply for asylum if they meet certain criteria and conditions. Here are the general requirements for seeking asylum in Canada:
1. Presence in Canada: You must be physically present in Canada to apply for asylum. This includes those who have entered Canada legally or illegally.
2. Fear of Persecution: You must demonstrate that you have a well-founded fear of persecution based on at least one of the following grounds:
3. Inability or Unwillingness to Seek Protection in Home Country: You must show that you are unable or unwilling to return to your home country because of this fear of persecution.
4. Not Excluded: Certain individuals are excluded from seeking asylum in Canada, including those who:
5. Ineligibility Due to Safe Third Country Agreement: If you are arriving from a country with which Canada has a Safe Third Country Agreement (currently the United States), you may be ineligible to make a refugee claim at the border unless you meet one of the exceptions outlined in the agreement (e.g., having a close family member in Canada).
Once an asylum claim is made, the claimant undergoes an eligibility review. If found eligible, their claim is referred to the Immigration and Refugee Board of Canada (IRB) for a hearing where a decision will be made on their case.
Book your consultation to review your eligibility.
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