Refugee Class
Refugee Class
Thousands, or even millions of people around the globe have been unfortunately displaced from their homes due to war, political or religious oppression, natural disaster, environmental destruction and poverty. Although the term “refugee” can be loosely used at times, the Immigration and Refugee Protection Act (IRPA) defines it precisely.
Section 96 states:
A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries; or
(b) not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
As for Person In Need Of Protection, Section 97 of the Immigration and Refugee Protection Act (IRPA) states:
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(1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
(2) A person in Canada who is a member of a class of persons prescribed by the regulations as being in need of protection is also a person in need of protection.
Canada respects its international obligations toward those who genuinely need help and protection. However, it is duty-bound to protect the safety, security and health of Canadians. As such, refugee claimants face a thorough process to determine whether the claim is legitimate based on Canadian and international laws. The determination process can be complex and lengthy. Each case is decided individually and on its own merit.
Are you here in Canada seeking refuge and protection? We understand that this can be a very difficult and stressful time for you. BIG LEAP IMMIGRATION SUPPORT AND SERVICES is here TO HELP you.
Book a consultation NOW and let’s discuss your options. Let’s make your BIG LEAP a BLISS.
- canada.ca
- Lynn Fournier-Ruggles (2018). Canadian Immigration and Refugee Law for Immigration Professionals, 4th ed. Toronto, Canada. Emond Publications.