Frequent Questions
On this page you will find answers to a few of the most frequently asked questions about the refugee claim process in Canada.
Questions About Specific Refugee Circumstances
1. What are the acceptance rates for refugees in Canada?
Decisions of Refugee Protection Division for 2009:
Of 26,652 refugee claims finalized, 11,154 (42%) were positive, 9,796 (37%) were negative, 1,367 (5%) were abandoned and 4,335 (16%) withdrawn or resolved otherwise.
There were 33,970 new refugee claims made in 2009 and the backlog of claims (number of claims in the refugee system) in 2009 was 61,170.
The top 20 countries, by number of decisions finalized, were as follows (with acceptance rate for 2009, followed, for comparison purposes, by rates for 2008 and 2007):
1. Mexico 9% (11% in 2008 and 10% in 2007)
2. Colombia 76% (79% in 2008, 78% in 2007)
3. Haiti 42% (41% in 2008, 49% in 2007)
4. China 58% (61% in 2008, 65% in 2007)
5. Sri Lanka 91% (94% in 2008, 88% in 2007)
6. Czech Republic* 10% (43% in 2008, only 1 finalization in 2007)
7. USA 1% (2% in 2008, 5% in 2007)
8. Nigeria 66% (55% in 2008, 44% in 2007)
9. India 32% (25% in 2008, 12% in 2007)
10. Pakistan 59% (50% in 2008, 49% in 2007)
11. Honduras 28% (24% in 2008)
12. Afghanistan 82% (82% in 2008, 69% in 2007)
13. St.Vincent 40% (36% in 2008, 27% in 2007)
14. Israel 5% (6% in 2008, 17% in 2007)
15. Congo, DR 62% (63% in 2008, 63% in 2007)
16. Rwanda 85% (79% in 2008, 78% in 2007)
17. Albania 39% (29% in 2008)
18. Burundi 79% (72% in 2008, 82% in 2007)
19. Hungary** 1% (27% in 2008)
20. Korea, South 9% (23% in 2008)
2. I currently live in the USA without immigration status and would like to travel to Canada to make a refugee claim. Is this possible?
A: It is possible to make a claim in Canada, however, because of the Safe-Third-Country agreement, you may not be able to seek asylum at the Canada-USA border. For more information see the link on Safe-Third-Country Agreement.
3. I have been threatened and attacked in my country and have the scars on my body to show it, will my refugee claim be accepted in Canada?
A: It is possible that your may be granted asylum but having scars or proof of the attack is only one of the many requirements of obtaining asylum. It is a misconception of many asylum seekers that they will be granted protection because they can prove they were attacked. However, receiving asylum protection in Canada requires establishing the attack as well as showing that the police in your country was unable to assist you and there were no safe parts of your country where you can live to avoid the gang (and other requirements).
4. I am a minority in my country (race, sexual orientation or other). Will my refugee claim be accepted in Canada?
A: If you face significant discrimination in your country, it may be possible to obtain asylum in Canada. The discrimination has to be cumulative and significant enough to convince a refugee judge that you are suffering from persecution.
5. I am opposed to the political parties in my country, will my refugee claim be accepted in Canada?
A: It is possible to be granted asylum for being persecuted on the basis of your political opinion. Obtaining asylum as such would require proof that the government is targeting you or denying you certain rights in your country based on a political opinion which you hold.
6. I was attacked by gang members in my country, will my refugee claim be accepted in Canada?
A: Obtaining asylum on the basis of being a victim or target of gang violence can be difficult. You would be required to prove not only that your story is true, but also that the police system in your country cannot help you (after you have approached or tried to approach them for help) but also that you could not relocate to another part of your country to be safe. This later requirement for relocation (called Internal Flight Alternative) is difficult to satisfy if he gang you are dealing with is localized to one city or if you cannot prove a reasonable explanation of why the gang threat would follow you to another city.
Legal Assistance Questions
1. How can I obtain legal assistance if I do not qualify for legal aid?
A: You will have to hire a lawyer privately or try to get free help from some of the free community organizations that assist refugees. In Vancouver, there is one main organization that assist refugees Vancouver Refugee Services Alliance. This organization can assist you to file your asylum claim, apply for legal aid and possibly even help you with your refugee claim.
2. I was provided with a legal aid lawyer to help with my PIF. How do I work with my lawyer?
A: Legal Services Society in BC (Legal Aid) provides free lawyers to only some of the refugee applicants in BC. If you have been approved for assistance, your lawyer should meet with you to explain the refugee system to you, assist you to complete your PIF (refugee document) and write down your story for the refugee tribunal. Legal Aid generally provides limited time and coverage for your lawyer so ensure to be well prepared for your meetings with your lawyer to make the best of the time allowed.
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