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Refugee

Refugee Protection in Canada

Refugees and people in need of protection are individuals in or outside Canada who fear returning to their home country. Canada, in line with its humanitarian tradition and international obligations, offers protection to thousands each year.

Protection is extended to those who fear persecution, torture, or cruel and unusual punishment, and are unable or unwilling to return to their home country. If you believe you are at such risk, you may seek protection in Canada as either a Convention Refugee or a Person in Need of Protection. Applications must be made from within Canada or at a point of entry.

Convention Refugee

A Convention Refugee is a person who is outside their country of origin or habitual residence and cannot return due to a well-founded fear of persecution based on:

  • Religion
  • Race
  • Nationality
  • Political opinion
  • Membership in a particular social group (e.g., women, LGBTQ+)

Person in Need of Protection

This applies to people already in Canada who are afraid to return to their country because of:

  • Risk of torture
  • Risk to life
  • Risk of cruel and unusual treatment or punishment

Ineligibility Criteria

Some individuals are not eligible to claim refugee protection in Canada if:

  • You are recognized as a Convention refugee by another country
  • You have protected status in Canada but had it removed
  • You arrived from the United States and are subject to the Safe Third Country Agreement
  • You are inadmissible due to security, criminal, or human rights violations
  • You had a previous refugee claim rejected or declared ineligible
  • You abandoned or withdrew a previous refugee claim

Safe Third Country Agreement

Under the Safe Third Country Agreement with the United States, claimants must seek asylum in the first safe country they arrive in. If you entered Canada via a land border from the U.S., you may not be eligible unless you meet certain exceptions (e.g., family in Canada). More information is available at www.cic.gc.ca.

Immigration and Refugee Board of Canada (IRB)

If deemed eligible to claim refugee protection, your case is referred to the Refugee Protection Division of the IRB, an independent body responsible for decisions on immigration and refugee matters in Canada.