Odyssey Law understands that people come from many difference circumstances, and some leave their home countries and come to Canada because of persecution or hardship. We handle each case with compassion and help applicants present detailed evidence and submissions so that they can put their best case forward. Odyssey Law can assist with In-Canada Refugee/Protected Person Applications, Pre-Removal Risk Assessment Applications (PRRA) Applications, and Humanitarian and Compassionate (H & C) Applications. Please see below for further information.
Please note that the information contained on this post is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please call Odyssey Law for a consultation.
Thousands of people arrive in Canada every year to make claims for refugee protection. To make a successful refugee claim, a person must prove that they have a well-founded fear of persecution based on certain grounds (race, nationality, religion, political opinion or membership in a particular social group, such as women or a particular sexual orientation). A person may also claim they need protection if they think upon return to their home country they would face a danger of torture, a risk to their life or a risk of cruel and unusual treatment or punishment.
Persons may be ineligible to make a refugee/protection claim in Canada for several reasons, including if they have previously made a refugee claim in certain other countries or if they arrive at a Canadian port of entry via the United States and they do meet any of the exceptions to the Canada-US Safe Third Country Agreement.
Most refugee/protection claimants are required to attend a hearing before a Member of the Refugee Protection Division, who will ask questions of the claimant and decide the claim based on the evidence.
There are several stages involved in preparing for a refugee/protection claim, including:
- Preparation of a Basis of Claim Form (“BOC”) which explains a claimant’s background and reasons for making the claim;
- Collecting documentary evidence and witness evidence to support the claim;
- Preparing for claimant and witness testimony at the hearing; and
- Preparing written or oral submissions (arguments) in support of the claim
A PRRA application is an application undertaken before a person is removed from Canada. It is an application for protection for persons who believe they may face persecution, a risk of torture, or a risk of cruel and unusual treatment or punishment upon removal to their home country. There may be 12 month waiting period to apply for a PRRA if a person has received a negative decision on a refugee claim or from the appeal/review of that refugee claim.
A PRRA application may be made by way of paper submissions and evidence only, or there may be hearing that the applicant attends. In some cases, a hearing may be mandatory.
PRRA applications are most often initiated by Officers from the Canada Border Service Agency (CBSA). There are specific deadlines for PRRA applications, and it is important for applicants to follow these as they can affect their removal from Canada.
Like refugee claims, PRRA applications involve detailed preparation. This includes carefully outlining an applicant’s basis of their claim for protection and submitting detailed evidence and arguments of the risk the applicant would face upon a return home. Preparation for a hearing may also be required.
An H & C is an application for permanent residence for persons who would face hardship in leaving Canada and applying for permanent residence from their home country. Applicants who are eligible to apply under this category include those without status in Canada and those with no other avenues to obtain permanent residence.
Those who have a refugee or protection claim pending or have recently received a negative decision on their refugee/protection claim face restrictions in making an H & C application.
Factors that are commonly assessed in an H & C application include:
- best interests of any children affected by the application
- establishment in Canada
- an inability to leave Canada that has led to establishment
- ties to Canada
- family violence considerations
- consequences of separation from family members
- health considerations
- hardship factors in country of origin
These applications are assessed on a case-by-case basis and generally require detailed written submissions and documentary evidence to be successful.
