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How to Claim Asylum in Canada: A Complete Step-by-Step Guide

Many people turn to Canada as a safe haven from their home countries. Canada has been rather accepting of the asylum seekers because many of them elect to apply for protection in Canada in hope of implementing their legal rights to fair determination of the need for protection. The following  article outlines a detailed procedure of claiming asylum in the country of Canada, which is a modern one that is also looking towards a better future. The steps that should be undertaken, essential documents that need to be acquired, and the approximate time line are also discussed in the article.

Understanding the Asylum Process in Canada

Prior to going into the detailed procedure, it is important to clarify what asylum is. In the context of Canada, those who request refugee status as soon as they enter the nation or cross its borders are considered asylum seekers..

 In the case of success, asylum seekers become refugees and get legal coverage. The requirements for asylum are provided by the Immigration and Refugee Board of Canada, and applicants have to demonstrate that their life would be endangered in case of return to their home country or face persecution.

Who Can Claim Asylum?

Anyone who feels threatened by persecution on the basis of their race, religion, political beliefs, nationality, or membership of a particular social group.

 However, you must be in Canada or at a port of entry. Therefore, on one hand, if you are outside of Canada, someone else must help you prepare and qualify for resettlement; it is usually UNHCR or other organisations.

On the other hand, if you manage to reach the country by yourself and have no criminal records, equivalent documents that can be checked back in your home country, assistance, or other support, you can apply ’on the spot’.

Canada Asylum Process Step by Step

Applying for asylum in Canada can be done over several steps As mentioned above. Every one of these steps is necessary to let your claim pass through and be treated fairly.

1. Arrive at a Port of Entry or Within Canada

If you are arriving at a port of entry either by land, air or sea, you may file an asylum claim to an officer of the CBSA on the ports of entry. However if you are already in Canada usually you can use the online application or apply at any IRCC office.

Safe Third Country Agreement (STCA)

It is crucial that when arriving from the United States the **Safe Third Country Agreement (STCA)** is taken into consideration. In this arrangement, an asylum seeker has to seek asylum in the first safe country they set their foot in, that is if you are in Canada and arrived from the U.S., you may not qualify for asylum unless there are some exceptional circumstances, such as, having family in Canada【19Ⅰsource】【20Ⅰsource】.

2. Submit a Refugee Protection Claim

After you have started the process your claim will be reviewed to see whether it can be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is the one that determines whether you should be granted refugee protection or not.

3. Receive an Acknowledgment of Claim (AOC)

If your claim is eligible, you will be send an **Acknowledgment of Claim (AOC). This is very important because it indicates that your refugee claim has been put in as required by the immigration officials. You will also get details regarding medicals, and how to apply for either a work or study permit during the processing of your claim.

Asylum Application Canada Requirements

In order to apply for asylum there are some conditions that have to be fulfilled. These are not only the requirements that you need to meet to be considered for the grant, but effective documentation as well.

Eligibility Criteria

To apply for asylum, you must demonstrate a well-founded fear of persecution in your home country due to factors such as:

– Race

– Religion

– Nationality

– Political opinions

– Membership in a specific social group (e.g., LGBTQ individuals, women facing gender-based violence)

Additionally, you cannot apply if you are:

– Subject to a removal order from Canada

– Already recognized as a refugee by another country you can return to

– Denied entry under the Safe Third Country Agreement (STCA)【19†source】【20†source】.

Documents Needed for Asylum in Canada

Documentation is considered probably the most significant aspect of your asylum application process. Documentation gives your claim completeness and it also helps to make your case strong.

Key Documents

1. Identification Documents 

   It includes documents such as one’s passport, birth certificate, national identity card or in some cases any other identification form

2. Proof of Persecution

such as a letter, newspapers, or any relevant document that may show circumstances that you are or were ever pursued in your motherland

3. Police/Legal documents.

– Take different reports as appropriate, to show that you have been unlawfully detained, harassed, imprisoned or tortured to show the reason why you fled.

4. Medical records.

– Activity: produce documents about persecution or violence in the applicant’s home country. Impress on the nature of the injuries.

5. Personal statement.

– Write a signed statement to the effect that you do not wish to return to country x because you expect to be persecuted in the country.

Some of the things that the IRB uses to evaluate your credibility include the amount of evidence you provide to support your claim of persecution, specifically your fear.

How Long Does the Asylum Process Take in Canada?

The average asylum process duration in Canada will depend on a case, but, in general, it ranges from a few months to longer than two years.

Initial Application Processing

At the Border or IRCC Office

– After you have made the submission, the IRB will need around 30 to 60 days to review it and schedule a hearing for your case.

Refugee Hearing

Within 60 Days

– Typically, most of the claimants will have their hearings scheduled no later than 60 days after claim submission. You will have a chance to present your case, provide evidence, and probably answer some questions from the IRB.

Final Decision

   – Within 6 Months to 2 Years

   – The final decision regarding the case will be made by the IRB after the hearing. This involves making a decision, which can take a few weeks on up to one year due to the difficulty of the case and the number of cases in the queue.

Conclusion

The process of asylum in Canada is dedicated to protecting people who have real threats and dangers in their home country. Moreover, while it is extensive and involves numerous details, it is also quite fair, and everybody can have a chance to be heard. There are not so many countries in which people can hide from violence, and Canada is one of them.

(FAQs)

1. What is the difference between a refugee and an asylum seeker?

A refugee is a person who has been granted this status by a country or the United Nations while an asylum seeker, when asked, claims that they would be a refugee should they be returned to their country of origin.

2. Can I apply for asylum if I enter Canada through the U.S.?

Only some of the people who cross the border in Canada from the U.S cannot apply for asylum because of the Safe Third Country Agreement and the act has an exemption, such as having family in the country.

3. How long does the asylum process take in Canada?

It takes slightly over a few months to slightly over two years depending on the level of complexity of an application and the current backlog of claims.

4. Can I work while waiting for my asylum claim to be processed?

In the event that your asylum claim is being processed, you may apply for the work permit, although commonly this is grouped together with the Acknowledgement of Claim.

5. What happens if my asylum claim is denied?

You also have various options if your claim has a been rejected; you appeal the decision, apply for judicial review or seek other ways to migrate to Canada.

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