Refugee Protection

Overview of Refugee Protection in Canada

Canada provides protection to individuals who face persecution in their home countries. Refugee Protection is available to those who can demonstrate a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Refugees and persons in need of protection can seek asylum in Canada through the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).

Types of Refugee Protection

Convention Refugees: Individuals who have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Canada aligns with the 1951 United Nations Convention Relating to the Status of Refugees to provide protection to these individuals.
Persons in Need of Protection: Individuals who face a risk of torture, risk to life, or risk of cruel and unusual punishment if returned to their home country. This category includes individuals who may not meet the criteria for Convention Refugee status but are still at risk if they are forced to leave Canada.

Eligibility Requirements

To qualify for refugee protection in Canada, applicants must:

Be physically present in Canada.
Demonstrate that they cannot return to their home country because of a well-founded fear of persecution or a risk to life, torture, or cruel treatment.
Pass medical, security, and criminal checks.

Application Process for Refugee Protection

Make an Asylum Claim: Applicants must submit an asylum claim at a Canadian port of entry or at an inland IRCC or CBSA office. After initial screening, eligible applicants are referred to the Refugee Protection Division for a hearing.
Complete the Basis of Claim (BOC) Form: This document details the applicant’s refugee claim, outlining the specific reasons for seeking asylum and the circumstances in their home country.
Attend a Refugee Hearing: The applicant’s case is heard before an RPD adjudicator, who reviews the claim and assesses its merits based on evidence and the applicant’s testimony.
Receive a Decision: Approved applicants are granted refugee status, allowing them to stay in Canada and apply for PR. If the claim is denied, applicants may appeal to the Refugee Appeal Division (RAD) or seek judicial review in Federal Court.

Human Rights and Protection

Canada is committed to protecting vulnerable individuals, but the refugee process is highly rigorous, requiring applicants to provide comprehensive evidence of their need for protection. LevLaw assists clients in preparing credible, well-documented claims, helping them navigate the complex refugee protection process and increasing their chances of a favorable outcome.

Appeals and Reapplication

If an asylum claim is denied, applicants have options to appeal the decision to the Refugee Appeal Division or file for a judicial review in Federal Court. We offer legal representation for these appeals, ensuring that applicants receive a fair opportunity to present their case and secure protection in Canada.

Our overview

Why Choose LevLAw?

With years of experience and a deep understanding of Canada’s immigration laws, we are the trusted choice for those seeking expert immigration support. Our firm is known for its hands-on approach, reliable legal strategies, and commitment to delivering successful results. We are proud to serve as advocates and advisors, ensuring that each client feels supported, informed, and empowered every step of the way.

Our Mission

Founded with a passion for immigration law, LevLaw is committed to providing comprehensive and client-centered legal services. We believe that everyone deserves a fair chance at success and opportunity, and our mission is to guide our clients through the immigration process with skill, empathy, and dedication.