Refugee Protection Claim

What is a Refugee Protection Claim?

A refugee is a person who is forced to flee from fear of persecution or are in danger which is opposed to an immigrant who chooses to relocate. As such, individuals who flee to Canada and make a claim for refugee protection and the decision of their status has yet to be made are called “asylum seekers” or “refugee claimants”. Canada is signatory to the 1951 Geneva Conventions and thus offers refugee protection from which successful claimants will be classified as Convention Refugees and or Protected Persons.

The Immigration and Refugee Board (IRB) decides refugee claims made in Canada. Here claimants must prove that they are either a convention refugee or a person in need of protection. Upon a successful refugee claim, the claimant can apply for permanent residence and in the interim apply for a Open Work Permit or Study Permit.

What are the requirements to become a Convention Refugee and/or Protected Persons?

Typically Convention refugees are afraid of being persecuted either by government authorities or others in their country of origin. Protected persons cannot return to their country of origins because they may face danger and harm. The burden of proof lies on the refugee claimant to show that their government cannot or will not protect them.

Convention refugee

Person in need of protection

Well-founded fear of being persecuted based on:

  • race

  • religion

  • nationality

  • political opinion

  • membership in a particular social group (gender, sexual orientation, or relationship to a politically active family member)

Cannot return to country of origins based on:

  • danger of torture

  • risk to their life

  • risk of cruel and unusual treatment or punishment


What Springwind Immigration can do to protect refugees

Have you sought temporary refuge in refugee camps across the border from your war-torn country? Or have you made your way into Canada escaping your country of origin or country of residence due to fear of prosecution and risk to your life? If you feel that you are a person who is subjected to these circumstances PLEASE do not hesitate to contact us, we are here to HELP!

Canada offers protection to the world’s displaced people like you through the Canadian refugee protection programs.

Work or study while waiting for a refugee claim decision

Apply for a work permit:

  • before claim, check work permit application when filling the claim forms

  • after claim, apply open work permit, include a copy of your Refugee Protection Claimant Document and proof that

    • you completed your immigration medical exam

    • you need a job to pay for your basic needs (food, clothing, shelter)

    • the family members you’re requesting permits for are with you in Canada

Apply for a study permit:

How to apply (a study permit must be submitted separately.)