Dean Szikinger and his team at Szikinger Immigration Law were incredibly supportive throughout my refugee claim. They took the time to understand my situation, offered compassionate advice, and skillfully navigated the legal complexities. Their dedication and expertise made a stressful process much more manageable. I’m grateful for their assistance and highly recommend their firm to anyone in need of immigration support.
AHMAD K.
Dean Szikinger and his team at Szikinger Immigration Law were incredibly supportive throughout my refugee claim. They took the time to understand my situation, offered compassionate advice, and skillfully navigated the legal complexities. Their dedication and expertise made a stressful process much more manageable. I’m grateful for their assistance and highly recommend their firm to anyone in need of immigration support.
AHMAD K.
SERVICES > REFUGEE CLAIMS
Refugee Claims
Understanding Refugee Claims
Refugee protection applies to people fearing persecution if returned to home countries due to race, religion, nationality, membership in social groups, or political opinion.
Successful refugee claimants qualify to apply for permanent residence.
Who can make a refugee claim
To make a refugee claim, you
- Must be in Canada
- Can’t be subject to a removal order
If you’re outside Canada, you may be eligible to
- Resettle in Canada as refugee
- Immigrate to Canada through another pathway
Eligibility
If you make a refugee claim, Immigration, Refugees and Citizenship Canda or the Canada Border Services Agency will decide if it can be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent tribunal that makes decisions on immigration and refugee matters.
Your refugee claim may not be eligible to be referred to the IRB if you:
- Are recognized as a Convention refugee by another country that you can return to
- Were granted protected person status in Canada
- Arrived via the Canada–United States border
- Have made a refugee claim in another country, as confirmed through information-sharing
- Are not admissible to Canada on security grounds or because of criminal activity or human rights violations
- Made a previous refugee claim that was not found eligible
- Made a previous refugee claim that was rejected by the IRB
- Abandoned or withdrew a previous refugee claim
The IRB decides who is a Convention refugee or a person in need of protection.
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on:
- Race
- Religion
- Political opinion
- Nationality
- Being part of a social group, such as women or people of a particular sexual orientation
A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face
- danger of torture
- risk to their life
- risk of cruel and unusual treatment or punishment
Navigating the Refugee Claim Process
Key steps after submitting your refugee claim form include:
- An eligibility hearing before the Immigration and Refugee Board (IRB)
- Disclosing all documentation supporting your claim
- An IRB refugee hearing deciding your claim – we prepare you to testify credibly before a Board Member regarding fear of persecution.
The IRB considers submitted documentary evidence along with testimony at the hearing to assess credibility. Accepted claims get protected person status. Rejected claims may be appealed to the Refugee Appeal Division.
Presenting Persuasive Refugee Claims
Refugee claim success depends on arguing fear of persecution upon return is well-founded, while addressing issues like:
- Inability to rely on state protection in your country
- Specific threats, attacks or harm experienced
- Persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Consistency in describing persecution without contradictions
The likelihood of success of refugee claims varies greatly depending on the country of alleged persecution. For example, in 2024, over 85 percent of refugee claims filed by claimants from Afghanistan were accepted, while less than 26 percent of refugee claims filed by claimants from Haiti were accepted.
Why Retaining Us Improves Odds
Pursuing refugee claims without legal counsel often results in:
- Failing to establish persecution ground aligned to definitions
- Inconsistency in testimony
- Inability navigating complex IRB rules of procedure