In-Canada Asylum Refugee Claim

To qualify for asylum, you must demonstrate that you meet the legal definition of either a Convention Refugee or a Person in Need of Protection.

• Convention Refugee: You must have a well-founded fear of persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group (such as gender or sexual orientation).
• Person in Need of Protection: You must show that if you return to your home country, you would personally be subjected to a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment.

Critical Eligibility Bars

Canada has recently introduced strict limitations on who can access this system. You may be found ineligible to make a claim if:

• The One-Year Deadline (Bill C-12): Under new legislation, you must file your claim within one year of arriving in Canada. If you miss this window, you are barred from the standard asylum process and referred to a more difficult "Pre-Removal Risk Assessment" (PRRA). Note: This rule is retroactive to June 24, 2020.
• Safe Third Country Agreement (STCA): If you enter Canada from the United States via a land border, you are generally ineligible to claim asylum unless you qualify for a specific exception, such as having close family members already living in Canada.
• Prior Claims: You cannot apply if you have already been granted refugee status by another country or if you have previously made an asylum claim in Canada that was rejected, withdrawn, or abandoned.
• Security and Criminality: Individuals involved in serious non-political crimes, organized crime, or human rights violations are barred from seeking protection.