Canada’s Refugee Protection Programs

There are two primary streams through which refugee protection is granted in Canada:

1. Refugee and Humanitarian Resettlement Program – for individuals outside Canada.

2. In-Canada Refugee Protection Process – for those making a claim from within Canada.

Each pathway involves specific legal criteria and procedural steps, where having the support of a qualified immigration lawyer can significantly improve your chances of success.

Who Is a Convention Refugee?

According to the Geneva Convention, a Convention Refugee is a person who:

“Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of their nationality and is unable or unwilling to return to it due to that fear.”

If you believe you fall into this category, you may be eligible to apply for refugee status in Canada, either from outside the country through a resettlement program or from within Canada through the inland process.

Who Is a Person in Need of Protection?

In addition to Convention Refugees, Canadian law recognizes individuals already in Canada who are at risk of serious harm if returned to their home country. A “person in need of protection” is someone who would face:

• A risk to life,

• Torture,

• Or cruel and unusual treatment or punishment.

These individuals may apply for protection under the In-Canada Refugee Protection Process.

1. Refugee and Humanitarian Resettlement Program (Outside Canada)

This program is for people outside their country of origin and currently residing in refugee camps or designated third countries. Applicants cannot apply directly to the Canadian government; they must be:

• Referred by the United Nations High Commissioner for Refugees (UNHCR) or another referral organization,

• Or sponsored by private individuals or groups under Canada’s Private Sponsorship of Refugees (PSR) program.

Types of Refugee Resettlement:

• Government-Assisted Refugees (GARs) – fully supported by the Government of Canada for up to one year.

• Privately Sponsored Refugees (PSRs) – supported by private Canadian individuals, groups, or organizations.

• Blended Visa Office-Referred (BVOR) – a shared sponsorship between the government and private sponsors.

We help families, faith-based groups, and humanitarian organizations coordinate sponsorship and manage documentation for this pathway.

2. In-Canada Refugee Protection Process

This is for people who are already in Canada and claim asylum at:

• A port of entry (airport, land border, seaport), or

• An inland immigration office (if they are already inside Canada).

You must prove that you are either a Convention Refugee or a person in need of protection. Your claim will be assessed by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal.

Steps in the Process:

1. Make a Claim – either at the border or within Canada.

2. Eligibility Interview – with an immigration officer.

3. Referral to IRB – if deemed eligible.

4. Hearing at the Refugee Protection Division (RPD) – to determine if protection will be granted.

5. Decision – If accepted, you become a Protected Person and may apply for permanent residence.

Why Legal Help Is Essential

Refugee claims are complex, time-sensitive, and highly dependent on credible evidence and clear documentation. A single mistake or omission could lead to a denied claim and eventual removal from Canada.

At International Immigration Law Firm, we offer:

Legal counsel and representation at every stage of the claim process
Help with narrative development, evidence preparation, and country condition research
Preparation for your IRB hearing with simulated interviews
Appeals and Judicial Reviews in case of a negative decision
Assistance with Permanent Residence applications for Protected Persons

Additional Options for Refugee Claimants

If your refugee claim is denied, you may still be eligible to apply for:

• Pre-Removal Risk Assessment (PRRA)

• Humanitarian and Compassionate (H&C) Grounds

• Appeal at the Refugee Appeal Division (RAD)

• Judicial Review at the Federal Court of Canada

We can guide you through these legal remedies and fight for your right to remain in Canada.

We’re Here to Help You Seek Safety and Justice

Canada is one of the few countries in the world with a robust and transparent refugee system. Whether you are seeking protection inside Canada or looking to sponsor a loved one overseas, we are here to support your legal journey with compassion, diligence, and expertise.

Contact Us Today to schedule a confidential consultation.