• by MyWorld Immigration

Not Every Refugee Claim Succeeds: What You Need to Know Before Applying in Canada

Thinking About Claiming Refugee Status in Canada? Here’s What You Must Consider

Canada provides protection for individuals fleeing persecution, but not every situation qualifies for refugee status. Filing a claim without fully understanding the rules can have serious consequences. At MyWorld Immigration Services Ltd., we guide clients through the complexities of Canadian immigration, helping them make informed decisions about refugee protection and alternative pathways.

Who Cannot File a Refugee Claim

Certain individuals are automatically ineligible for refugee protection in Canada. Claims from these applicants will not proceed to a hearing:

• Already Protected Elsewhere: If you have refugee status in Canada or another safe country, you cannot submit a new claim.
• Previously Rejected Claims: Past rejected, withdrawn, or abandoned claims generally prevent a new application. In limited circumstances, a Pre-Removal Risk Assessment (PRRA) may be considered.
• Safe Third Country Agreement (STCA): Claimants who arrived from the U.S. must generally apply in the first safe country they enter, with exceptions for unaccompanied minors or close family connections in Canada.
• Security or Criminal Concerns: Individuals posing a security threat, convicted of serious crimes, or involved in human rights violations are ineligible.

Understanding the Refugee Test

Canada provides protection under two main categories:

1. Convention Refugee
   Applicants must demonstrate a well-founded fear of persecution based on one of five grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group (e.g., LGBTQ+ individuals, survivors of domestic violence)
• Political opinion

Additionally, applicants must show that their home country cannot provide protection and that there is no safe internal location to relocate within that country.

2. Person in Need of Protection
   This category applies if an individual faces a risk of torture, or cruel and unusual treatment or punishment. The risk must be significant, personal, and not a result of lawful government action or lack of medical care.

Ineligibility vs. Failing the Refugee Test

It is crucial to understand the distinction:

• Ineligible Claims: Do not meet legal requirements and will not be heard.
• Failing the Refugee Test: Claims are heard, but the applicant cannot prove all elements necessary for protection.

Even eligible applicants may fail if they cannot demonstrate:

• A credible, well-founded fear of persecution
• Connection to one of the five protected grounds
• Lack of state protection
• No safe internal flight alternative

Impact on Other Immigration Pathways

Filing a refugee claim can affect eligibility for economic immigration programs:

• Canadian Experience Class (CEC): Work experience on a refugee work permit may not count toward permanent residency.
• Provincial Nominee Programs (PNPs): Most require temporary resident status, which refugee permits do not provide.

In some cases, claiming refugee protection may delay or restrict access to alternative immigration pathways.

Risks of Filing an Unfounded Claim

Submitting a claim without valid grounds can have long-term consequences:

• Removal from Canada: Rejected claims may result in deportation and difficulty re-entering the country.
• Visa Restrictions: Other countries may deny visas due to previous refugee claims.
• Loss of Credibility: Future immigration applications or sponsorships may face greater scrutiny.
• Impact on Genuine Refugees: Frivolous claims can slow processing for those who genuinely require protection.

Key Takeaways

• Refugee claims are intended for genuine cases of persecution or danger.
• Ineligible claims are blocked, and failing the refugee test can still have consequences.
• Filing a claim may restrict access to economic immigration programs.
• Professional guidance is essential before submitting any refugee claim.

How MyWorld Immigration Can Help

At MyWorld Immigration Services Ltd., we assist clients in:

• Evaluating whether refugee protection is appropriate for their situation
• Exploring alternative immigration options if a refugee claim is not suitable
• Preparing credible, well-documented applications
• Minimizing risks and protecting future immigration opportunities

Contact MyWorld Immigration

Email: info@myworldimmigration.com
Website: www.myworldimmigration.com
WhatsApp: +1-672-399-0000
Instagram: @myworldimmigration

Serving clients across Canada and internationally.