In Canada, an asylum claim, and a refugee claim are legal processes by which individuals seek protection and refugee status because they fear persecution, risk of torture, or cruel and unusual treatment or punishment in their home country. Here’s an overview of asylum and refugee claims in Canada

Decisions regarding immigration and refugee affairs are made by the independent Immigration and Refugee Board (IRB).

Who is a person in need of protection or a refugee under the Convention is determined by the IRB.

• – Convention refugees: Has a well-founded fear of persecution based on

1. 1. Race
2. 2. Religion
3. 3. Nationality
4. 4. Political opinion
5. 5. Membership in a social group, such as that of women or individuals with a specific sexual orientation

is unable or unwilling to return to their home country because of this fear of persecution.

• – A person in Canada who is unable to safely return to their native country is considered to be in need of protection. For when they return, they might have to deal with

1. 1. Danger of torture
2. 2. Risk to their life
3. 3. Risk of cruel and unusual treatment or punishment

• – You might not be able to have your refugee application submitted to the IRB if you:

1. 1. Are recognized as a Convention refugee by another country that you can return to
2. 2. Were granted protected person status in Canada
3. 3. Arrived via the regular Canada-US border.
4. 4. Are not admissible to Canada on security grounds or because of criminal activity or human rights violations
5. 5. Made a previous refugee claim that was not found eligible
6. 6. Made a previous refugee claim that was rejected by the IRB
7. 7. Abandoned or withdrew a previous refugee claim.