Asylum seekers in Canada are often drawn to the country for its high standard of living and well-regarded healthcare system. However, not everyone who seeks asylum in Canada is eligible to apply.

In this article, we will provide a detailed overview of the qualifications and requirements for those seeking asylum in Canada, as well as the nationalities that are entitled to seek asylum in Canada.

Additionally, we will provide informative context on the process and considerations for those applying for asylum in Canada.

Join us as we explore the topic of asylum in Canada and the rights of those seeking protection.

Who Qualifies for Asylum in Canada?

Foreign nationals who fear persecution or serious harm in their home countries often seek asylum in Canada as a means of protection. The Canadian government recognizes these individuals as refugees and grants them the ability to remain in the country. With time, these individuals may also apply for permanent residence status and even Canadian citizenship.

According to Canadian refugee law, there are two main categories of refugees:

Individuals Protection

Individuals who are in need of protection are those who, if they were to return to their home country, would likely face a significant risk of torture, danger, or cruel and unusual treatment or punishment.

These individuals may already be residing in Canada and seeking protection from the government. They are recognized as individuals in need of protection under the Canadian Immigration and Refugee Protection Act (IRPA) and may be eligible for certain forms of relief, such as a protection order or a stay of removal.

It’s important to note that the assessment of an individual’s need for protection is made on a case-by-case basis, taking into account the specific circumstances and risks that the individual may face in their home country.

A person who is found to be in need of protection will be able to stay in Canada and may be able to apply for permanent residence. They may also be able to apply for Canadian citizenship after meeting the eligibility criteria.

Refugee Convention

The Refugee Convention defines a refugee as a person living outside their home country who is unable to return or receive protection in their country of origin due to a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or sexual orientation.

Persecution can take many forms, such as death threats, torture, or imprisonment by the government or non-state actors. In order to be considered a refugee under the Convention, the applicant must also demonstrate that there is no safe alternative within their home country where they can flee to escape the persecution they face.

Individuals who believe they qualify as a Convention refugee or need protection can apply for asylum once they enter Canada. If a person is outside of Canada, they can apply through the International Convention on Refugees Abroad.

The Immigration and Refugee Citizenship Canada (IRCC) agency relies on organizations such as the United Nations High Commissioner for Refugees (UNHCR) and private sponsorship groups to identify and refer refugees for resettlement. Visa offices then assess these referred applications to determine if the applicant meets the requirements for being a refugee and whether they will be admitted to Canada.

Country of Asylum Category

The Country of Asylum Category is a type of refugee status intended for individuals who are outside of Canada and facing a refugee-like situation, but who do not meet the criteria for refugee status under the Convention.

A person may be considered for this category if an immigration official determines that they have been affected by events such as civil war, armed conflict, or gross human rights violations. If an individual is unable to find a safe solution within a reasonable time, they may apply for refugee status in Canada.

Refugees in this category must also be referred by the United Nations High Commissioner for Refugees (UNHCR) or another organization, be sponsored by a private sponsorship group, or have the means to support themselves and their families after arrival in Canada.

Similar to the Convention, a person making a claim under this category must also demonstrate that there is no safe alternative within their home country where they can flee to escape the persecution they face.

Asylum Eligibility for Nationalities in Canada

Asylum Eligibility for Nationalities in Canada: All individuals, regardless of their nationality, have the right to apply for asylum in Canada. However, the government prioritizes certain nationalities for asylum based on their level of need for protection. The following nationalities are considered a priority for asylum in Canada:

Democratic Republic of the Congo, Sudan, El Salvador, Guatemala, Colombia, Sierra Leone, Afghanistan, Syria

These individuals must have experienced civil war or armed conflict, severe deprivation of their rights to freedom of expression or the legitimate exercise of their civil rights related to opposition or union activity, or be at risk of detention or imprisonment in their home country. Additionally, these individuals must fear persecution based on their race, religion, nationality, membership in a social group, or political opinion in their country of origin.

Q: What is the salary of a refugee in Canada?

A: In Canada, the salary for refugees in 2023 is set at $628 per month for each person in the province of Quebec. The refugee receives their salary through the Ministry of Employment Services in the province of Quebec. The salary may be slightly lower, reaching $610 per month for each adult, which is enough to live in Canada.

Q: What does an asylum seeker get in Canada?

A: If an asylum seeker’s application is accepted in Canada, the government will provide them with a home to live in, a stipend, health care services, and accommodation.