In-Canada Asylum Program

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:

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

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:

• Have committed serious crimes (e.g., war crimes, crimes against humanity, or other serious criminal offenses)
• Pose a security risk to Canada
• Have previously been granted refugee protection in another country where they can return
• Have previously made a refugee claim in Canada that was rejected or found ineligible

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.