REFUGEES

Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include

  • torture
  • risk to their life
  • risk of cruel and unusual treatment or punishment

If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.

Eligibility

When you submit your claim to Immigration and Refugee board of Canada, the officer reviews your claim and decide if it will be referred to IRB, which is an independent body. The Immigration and Refugee board decides whether you are a

Convention Refugee or
A Person in need of Protection.

Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on

  • race
  • religion
  • political opinion
  • nationality
  • being part of a social group, such as women or people of a particular sexual orientation

A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face

  • danger of torture
  • risk to their life
  • risk of cruel and unusual treatment or punishment

The IRB website has more information on making an asylum claim in Canada.

HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS

People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.

Humanitarian and compassionate grounds apply to people with exceptional cases. We assess these applications on a case-by-case basis. Factors we look at include:

  • how settled the person is in Canada
  • general family ties to Canada
  • the best interests of any children involved, and
  • what could happen to you if we do not grant the request.
  • Other rules that apply to humanitarian and compassionate grounds:

You may only ask for humanitarian and compassionate grounds if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad.
You cannot have more than one humanitarian and compassionate grounds application at the same time.