How to enter Canada as a refugee?: procedures, requirements and what you need to know to obtain asylum

Canada has seen an increase in the arrival of immigrants seeking refuge in recent months. Many of them come from the United States, a country where it has become increasingly difficult to obtain asylum, especially for citizens fleeing from nations such as Venezuela, Haiti, Cuba, among others in the Latin American region.

The Canadian Ministry of Immigration informed the EFE agency that in 2022, a total of 39,171 people arrived in the country to request asylum through Roxham Road, an informal border crossing through which they access the province of Quebec. The entry of refugee applicants has increased since last December New York authorities began paying bus tickets to migrants for them to enter Canada via Roxham Road.

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Trade spoke with Fernando Torres, founder and director of Fernando Torres Immigration Consulting Services Inc., about the requirements that must be met by those who seek to access the status of refugee in Canada. Torres is an immigration consultant graduated from the University of British Columbia (UBC) in Canada and a lawyer from the Pontifical Catholic University of Peru.

— Where can you apply for refugee status for Canada?

The request of shelter must be raised from Canadian soil; this includes border posts, airports, train stations and, of course, in any of the offices that exist in every province of the country. Exceptionally, Canada welcomes refugee applicants who are outside the country, but this type of case is designed primarily for those citizens who live in refugee camps, a situation that is not a reality in the countries of our region.

A group of people claiming to be Haitian walk down Roxham Road in Champlain, New York, as they prepare to cross the border into Canada on August 4, 2017. (Photo by Geoff Robins/AFP) (GEOFF ROBINS/)

— What is needed to request refuge in Canada?

The grounds for refuge are exhaustive and are part of supranational human rights legislation. In order to receive refugee status, the claimant must demonstrate to the immigration authority that there is a fear of being persecuted for reasons of race, religion, nationality, belonging to a particular social group and political opinion. The internal legislation of Canada extends this assumption of international law and also grants protection to those who reliably demonstrate that their life is in danger.

— Are there any language or educational level requirements for the refugee claimant?

A refugee is a person who escapes from a desperate situation and leaves his country of origin in search of protection that his own State no longer guarantees. Refugees often arrive with only an identity document, leaving everything behind. Refugee claimants are only required to present their case before a quasi-judicial authority, regardless of whether they speak English or French, whether they have higher education or not. That is not relevant at the time of providing protection.

— Does the refugee application have a cost?

The Refugee in Canada request is free of charge, but I must reiterate that the request must be made on Canadian soil or at border posts. Getting to the country can involve a very high cost for many people who need the Canadian helping hand.

— How long do you have to wait for a response in the refuge process?

The Refugee process has two parts: the first stage takes place in an Administrative Court called the Immigration and Refugee Commission, where there are two instances. If the request is rejected in both, then the petitioner must go to the second phase, which is the Federal Court. The process could last more than 5 years between appeal and appeal.

Fernando Torres is founder and director of Fernando Torres Immigration Consulting Services Inc.

— How long does one receive refuge in Canada?

If a final resolution confers the status of refugee the claimant and his family may apply for permanent residence in Canada and eventually become a citizen of this country.

— What benefits do refugees receive?

The first benefit a claimant receives is the certainty of entering a safe country. The Canadian State grants the possibility of work and study for those petitioners who wait for their case to obtain a final resolution. They also enjoy the health system in the country.

— So, the refugee can work?

The petitioner can work, study and receive health care. Once she has received refugee status, she will be able to become a permanent resident and will have all the benefits of a citizen, except voting in elections.

— Does the shelter reach the entire family of the applicant?

The petitioner and his family can obtain the benefit of the shelter

— What has to happen to lose the refuge?

The claimant obtains the benefit granted by the country because he has indicated that he suffers from persecution in his place of origin. So, Canada grants you status and accepts your request. But, on many occasions it happens that the claimant after receiving permanent residence returns to his country to vacation. In circumstances like that, which are many and very common, Canada can withdraw the benefit. Lying in a process of this nature is a very serious matter with permanent and irreversible consequences in most cases.

Source: Elcomercio