Refugee Status Applications

Everyone has the right to be protected against persecution and torture. Canada recognized that humanitarian law under the 1951 Convention Relating to the Status of Refugees (Geneva Convention). The right to life, liberty and security of an individual is also accentuated by the Canadian Charter of Rights and Freedoms.

The Asylum granting system

To be protected in Canada as a refugee, a person must be outside his home country and fear persecution. According to the Geneva Convention, the fears of persecution are based on reasons of race, nationality, membership in a social group or political opinion. However, a less restrictive interpretation of the fear of persecution may also lead to a refugee status. For example, Canada recognizes that women can be persecuted because of their gender and that the interpretation of the refugee definition should include this form of persecution. Many other circumstances may cause an individual to be considered a refugee.

Individuals arriving in Canada on their own can apply for asylum to any Canadian border.

In sum, an application for refugee status is very complex and many factors come into play. Thus, it is always advisable for individuals seeking protection as a refugee to be represented by a Canadian lawyer qualified in the field.