Who is a Refugee?
A person can be found to be a Convention Refugee if they have a fear of persecution upon return to their home country and meet the eligibility and legal requirements of the Immigration Act and Regulations. There are five different forms of persecution recognized internationally and under Canadian Immigration law:
If a claimant cannot demonstrate that they are persecuted based on one of the five grounds, they may be able to prove that they are a person in need of protection if they are at risk of cruel and unusual punishment, risk of torture or death. This risk must be personalized and cannot be a general risk faced by the entire country. In order to prove that a person is a Convention refugee or a person in need of protection, they must demonstrate that they do not have adequate state protection in their country, that there is an objective and subjective basis to their fear, and that they are unable to relocate to other parts of the country.
Claiming refugee protection (asylum) from within Canada
You may be able to make a claim for refugee protection if you are already in Canada.
Claiming refugee protection (asylum) at the border
You may be able to make a claim for refugee protection at any port of entry when you arrive in Canada. Port of entry means an airport, seaport or land border, and is considered to be in Canada.
Refugees resettled from outside of Canada
Refugee resettlement is a program for people who are outside of Canada and are referred to move to Canada as refugees by the United Nations Refugee Agency, a designated referral organization or a private sponsor.
