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Refugee Claims

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    Refugee Claims in Canada

    Canada offers protection to individuals who fear returning to their home country due to serious risks. If you are already in Canada and face persecution or danger, you may be able to apply for protection by making a refugee claim.
     
    A refugee is a person who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Refugee protection may also apply if returning home would expose you to a risk to your life, torture, or cruel and unusual treatment or punishment.

    Understanding Refugee Protection

    To qualify for refugee protection, the risk you face must be personal and specific, not a general danger faced by others in your country. You must also show that authorities in your home country are unable or unwilling to protect you.
     
    Each refugee claims are assessed individually by Canadian authorities based on the evidence, the claimant’s credibility, and the conditions in the claimant’s country of origin.

    Refugee Cases in Canada

    People around the world recognise Canada for its commitment to human rights and refugee protection. Eligible individuals can seek asylum through Canada’s refugee system while physically present in the country.
     
    At Spike Immigration, we guide clients through every stage of the refugee claims process. We assist with preparing accurate application forms, gathering strong supporting evidence, and preparing you for your refugee hearing. Our team works diligently to present clear, persuasive submissions to the Immigration and Refugee Board of Canada (IRB).
     

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    Refugee Immigration Appeals

    The Refugee Protection Division (RPD) of the Immigration and Refugee Board decides refugee claims made inside Canada. The RPD reviews your testimony, documents, and country evidence to determine whether you qualify for refugee protection.
     
    If the RPD accepts your claim, you receive protected person status and may apply for permanent residence.
     

    Refugee Appeals

    If the Refugee Protection Division refuses your claim, you may have the right to appeal to the Refugee Appeal Division (RAD). The RAD reviews whether the RPD made an error in law, fact, or both.
     
    Most RAD cases are processed as paper-based appeals, meaning the Refugee Appeal Division often renders decisions without a hearing. In some cases, you may submit new evidence that was not reasonably available during the original hearing.
     

    Pre-Removal Risk Assessment (PRRA)

    A Pre-Removal Risk Assessment (PRRA) allows specific individuals facing removal from Canada to apply for protection if returning to their home country would place them at risk of serious harm.
     
    PRRA eligibility is limited. For example, if authorities rejected refugee claims within the past year, the individual is usually ineligible. A PRRA focuses strictly on risk and requires strong evidence. Our team can assess your eligibility and help prepare a well-documented PRRA application.
     

    Humanitarian Grounds

    Humanitarian and Compassionate (H&C) applications allow people in Canada to apply for permanent residence when they do not qualify under regular immigration or refugee programs. This option is for individuals who would face unusual or severe hardship if required to return to their home country.
     
    Immigration officers consider factors such as how well you have established yourself in Canada, the best interests of any children involved, and the difficulties you may face if removed. Spike Immigration can review your situation and help you prepare a clear and well-supported H&C application.
     

    Why Choose Spike Immigration for Refugee Matters?

    Refugee and humanitarian cases require careful preparation, detailed evidence, and strong legal arguments. Our team provides clear guidance, compassionate support, and professional representation throughout your case.
     
    We understand the urgency and sensitivity of refugee claims and work diligently to protect your rights in Canada.

    Frequently Asked Questions (FAQ)

    Refugee claims are requests for protection made by a person in Canada who fears persecution, torture, or serious harm if returned to their country of origin.
    Individuals in Canada who face personal risk based on race, religion, nationality, political opinion, or social group may be eligible.
    The RPD determines whether a claimant is eligible for refugee protection after reviewing the evidence and hearing testimony.
    Yes. In many cases, you can appeal to the Refugee Appeal Division, which reviews errors in law or fact.
    A PRRA is an application to remain in Canada based on the risk of harm if removed. It is available only in certain situations.
    H&C grounds allow people in Canada to apply for permanent residence if returning home would cause unusual or disproportionate hardship.
    Yes. If your claim is accepted, you may apply for permanent residence as a protected person.

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