Overview

The Canadian Refugee System is premised on compassion and fairness for those who have fled their countries due to a well-founded fear of persecution and who are therefore unable to return home. The refugee system permits claims for protection to be made both within or outside of Canada.

Refugee Status from Inside Canada

Canada offers refugee protection to people in Canada who are determined to be Convention refugees or persons in need of protection.

Convention refugee

Convention refugees are people who are outside their home country or the country where they normally live, and are unwilling to return because of a well-founded fear of persecution based on:

• race;
• religion;
• political opinion;
• nationality; or
• membership in a particular social group, such as women or people of a particular sexual orientation.

Person in need of protection

A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:

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

Resettlement from Outside Canada

Canada’s Refugee and Humanitarian Resettlement Program is for people in need of protection who are outside Canada and outside their home country.

To come to Canada as a refugee, you must be:

• referred by the United Nations Refugee Agency (UNHCR) or another designated referral organization, or
• be sponsored by a private sponsorship group.

People who can be resettled from outside Canada fall into two classes.

1) Convention Refugee Abroad Class
2) Country of Asylum Class

The Refugee Appeal Division and Federal Court 

The Refugee Appeal Division (RAD) decides appeals of decisions made by the Refugee Protection Division (RPD) to allow or reject claims for refugee protection. The RAD gives most claimants a chance to prove that the RPD decision was wrong in fact or law or both, and lets new evidence be introduced that was not reasonably available at the time of the RPD process.  All failed claimants can still ask the Federal Court to review a negative decision.

For further information regarding Canada's refugee program, please contact our office.