Claiming refugee protection from Canada
Generally speaking, if you have not been determined a convention refugee, you would need to claim refugee protection at a Canadian border or while you are in Canada.
For many people, getting a travel document to come to Canada is the first step for this process. Unfortunately, a lot of people do not have the means to do so. Further, if you are in physical danger, please seek immediate help from your local refugee organizations.
Reasons for refugee protection
You may claim refugee protection from Canada based on a well founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion.
If any of the above grounds does not apply to you, you may still claim protection from Canada if you would be subject to danger of torture, a risk to your life, or a risk of cruel treatment.
Refugee protection for LGBTQ
Sexual orientation is a ground for refugee protection from Canada. This is membership in a particular social ground.
Therefore, if you are a member of LGBTQ who has a well founded fear of persecution in your country, you may claim refugee protection at a Canadian border or while you are in Canada.
We are dedicated to serving LGBTQ clients to settle in Canada by helping with their immigration process.
Persecution specific to LGBTQ refugees
There are various types of persecution depending on the conditions around you. For LGBTQ refugees, people may choose to conceal their sexual orientation in order to avoid mistreatment or even harm. This is also persecution even though you have not actually received any mistreatment or harm.
Process of refugee protection for LGBTQ
Regardless of whether you make a claim at a Canadian border or in Canada, the first document you need to prepare is the Basis of Claim (BOC) form. You shall give extra care to the BOC form and ensure you provide the most accurate narratives. Information on the BOC form that is inconsistent to your testimony at the hearing will raise the credibility issue.
For LGBTQ refugees, your BOC shall focus on the narratives with respect to persecution and your sexual orientation.
After filing your BOC form, you will need to attend an interview to determine whether you are eligible to make a claim.
There are a number of reasons that will make you ineligible. For example, if you are not admissible to Canada on security, serious criminal activity, or human rights violations. Further, you are not eligible to make a claim if you entered Canada via a land border directly from the USA.
Once your claim has been found eligible, you may wait for a hearing where you must attend and testify. You must prove that you are a refugee.
While you are waiting for the hearing, you will be able to get a work or study permit that allows you to work or study in Canada.
Special rules on traveling when you claim refugee protection as LGBTQ
Usually, after you file your BOC, IRCC will seize your passport. Generally speaking, you shall avoid leaving Canada during the refugee process.
In particular, you must not return to your country of citizenship or residence where you would be subject to persecution. If you return to your country, you will no longer be eligible for claiming refugee status. This also applies after you have received refugee status in Canada.
Eligibility interview
Eligibility interview is the first important step to determine whether you can move forward in your claim. You should prepare for the interview and be familiar with the questions that the Officer will ask you.
If you do not know how to prepare, we can help you.
Hearing
The hearing with the Refugee Protection Division (RRD) of the Immigration and Refugee Board (IRB) is where the IRB first determines your refugee status. For refugee protection for LGBTQ, the RPD will ask you questions about details of persecution with respect to your sexual orientation.
If you win, the RPD will confirm your refugee status. The hearing is usually in-person and private. A decision maker will preside at the hearing. Most of the time, you must attend the hearing. However, if you have a lawyer or interpreter, they must also attend the hearing. You must present all relevant information to the RPD at this time.
The IRB has started a new practice called “file-review process” for more straightforward claims. If your claim is selected for this process, they will notify you. This process does not require you to attend a hearing in person. Instead, the RPD will decide on your claim based on the documents you provide to them.
Regardless of whether it is a hearing or file review process, if you win in your claim, the RPD will confer refugee status. On the other hand, if you lose, you may be eligible to appeal to the Refugee Appeal Division (RAD) of the IRB.
The RAD usually will only hold a written hearing. This means the RAD will review all the information on file and make a decision without having you to attend a hearing. If you win your RAD appeal, you will also receive refugee status.
Apply for permanent resident (PR) status
After you have received refugee status, you do not automatically become a PR . You still need to apply for PR status by following the procedure.
Refugee Protection for LGBTQ and immigration
Please note that we only accept LGBTQ refugee clients who are subject to persecution due to sexual orientation. If you do not belong to this particular group, we are unable to assist you, but we appreciate your interest in consulting with us.
Further, due to the nature of the refugee procedure, we only accept clients who are already in Canada or who have obtained a Canadian visa. We are unable to assist you in obtaining a Canadian visa at this time.
If you think you are a potential client who will benefit from our services, book a consultation today, and we can help you with your questions.
What do we do?
We work with LGBTQ people and help with their journey to Canada. At LegalRoots, client experience is what we care about. We also create a safe and friendly place for those who wish to discuss their matters with us freely.
Book an initial assessment today or contact us directly.
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