Last Updated On 18 March 2024, 9:58 AM EDT (Toronto Time)

Recently, Immigration Minister Marc Miller raised concerns regarding the spike in the number of international students claiming asylum in Canada.

Reportedly, asylum claims from international students at Toronto’s Seneca College increased to 700 in 2023 from 300 in 2022 and from 106 to 450 during that same period at Kitchener’s Conestoga College.

Canada is renowned for its comparatively hospitable attitude toward refugees and asylum seekers, providing protection to individuals who satisfy the requirements outlined in its immigration and refugee regulations.

In this article, we will examine the requirements for requesting asylum in Canada, the application procedure, legal rights, and work authorization for asylum claimants.

What does asylum mean?

When someone flees their home country out of fear of persecution because of their ethnicity, religion, nationality, political beliefs, or participation in a specific social group, they are granted asylum, which is a type of protection from that country.

Non-refoulement, which forbids nations from sending people back to a place where they might risk persecution or damage, is the fundamental tenet of refuge.

Asylum Types

1. Refugee Status: People who fit the requirements outlined in the 1951 Refugee Convention and its 1967 Protocol are considered refugees by the United Nations.

They are unable or unwilling to return because of a well-founded fear of persecution in their native country.

2. Asylum Claimants: Those who have filed for refugee status but whose applications are pending are known as asylum claimants.

They are entitled to certain rights and safeguards under both domestic and international law throughout this time.

Applying for asylum in Canada

Legal Structure

Domestic legislation, as well as international conventions and accords, regulate Canada’s asylum system.

Important pieces of legislation are the Convention Against Torture (CAT), the Refugee Convention, and the Immigration and Refugee Protection Act (IRPA).

The Immigration and Refugee Protection Act (IRPA) is a piece of legislation that establishes the guidelines for immigration and refugee protection.

It also specifies the requirements for obtaining refugee status and the procedure for requesting asylum.

Refugee Convention and Protocol: Canada has ratified both the 1951 Refugee Convention and its 1967 Protocol, which outline the characteristics of a refugee and their rights and obligations.

Convention Against Torture (CAT): Canada is a signatory to the CAT, which forbids sending people back to a place where they run the risk of being subjected to torture or cruel, barbaric, or degrading treatment.

Eligibility Criteria

In order to qualify for asylum, people need to fulfill specific requirements defined in both international conventions and the IRPA.

Important elements consist of:

1. Well-founded Fear: Applicants must show that they have a legitimate fear of being persecuted because of their race, religion, nationality, political beliefs, or social group membership.

2. Home Country Conditions: To support an asylum claim, there must be proof of persecution or danger of harm in the home country.

3. Major Exclusion Grounds: If a person has a criminal record or is thought to pose a security risk, they may not be eligible for refugee status.

Procedure for Application

1. Entry Point or Inland Request

At Port of Entry: Those who enter Canada through an authorized port of entry (airport, land border crossing) may present border guards with an asylum claim.

Inland Claim: Individuals who are already in Canada may visit the Immigration, Refugees, and Citizenship Canada (IRCC) office to file an asylum claim or apply online.

2. The BOC, or Basis of Claim Form

This is the first step in initiating the application. Applicants explain their reasons for requesting asylum, including experiences with persecution or danger of harm in their home country, in detail on the Basis of Claim (BOC) form and submit it to the Refugee Protection Division (RPD).

3. The Refugee Protection Division (RPD)

The Refugee Protection Division of the Immigration and Refugee Board (IRB) hears and decides asylum claims.

Applicants can represent them or hire a paid representative, such as Regulated Canadian Immigration Consultants (RCICs) or immigration lawyers, to file their claims.

4. The Hearing Procedure

Adjudicator Hearing: Applicants come before an adjudicator at the RPD to make their case, offer supporting documentation, and answer inquiries.

5. Selection

Based on the merits of the case, the RPD will make a determination and, if the requirements are satisfied, will either grant refugee protection or deny it.

Legal Defences and Rights

1. Right to Counsel: Throughout the asylum procedure, applicants for asylum are entitled to legal representation.

2. Interim Federal Health Program (IFHP): While their claims are being processed, asylum applicants may be qualified for restricted health care coverage under the IFHP.

3. Work Authorization: In order to sustain themselves financially, asylum seekers may apply for a work permit after a predetermined waiting period.

4. Access to Social Services: Asylum seekers may be eligible for restricted social assistance programs in specific provinces.

Work Authorization While Awaiting Refugee Claim Decision

Individuals filing for refugee status and their family members are eligible to apply for open work permits, if they.

need a job to pay for their housing, food, and other necessities.
family members they wish to apply for work permits for are already in Canada and are also applying for refugee status.

Click here for more details on applying for asylum in Canada and its process.

Satinder Bains

Satinder brings expertise, knowledge, and experience related to internal work flows at IRCC. She worked at Canadian Consulate in Chandigarh before moving to Canada. Her articles on “Chinook – An internal IRCC tool used to bulk process temporary applications” was one of the notable work on our news website