Canada is a signatory to the United Nations Convention
for Refugees (1951) and in keeping with its
international commitments, accepts Convention refugees
and other displaced people. Convention refugees are
persons who by reason of a well-founded fear of
persecution based on race, religion, nationality,
membership of a particular social group or political
opinion are either outside the country of their
nationality and are unable or unwilling to be protected
by that country or not having a country of nationality
are outside the country of their former habitual
residence and are unwilling to return. The landing in
Canada as a Refugee can be made in two ways :
-
Landing as a Convention
Refugee from within Canada
The refugee claim may be made to an immigration
officer immediately upon arrival, either legally or
illegally, in Canada at an airport or at a land
crossing, at an inland Canada Immigration Centre, or
it could be made to a case presenting officer or an
immigration adjudicator during the course of an
immigration inquiry dealing with the issue of an
individual's status in Canada.
-
Landing as a Refugee
through an Overseas Refugees Resettlement Program.
Canada operates an Overseas Refugee Resettlement
Program for which annual targets are established.
This program allows a visa officer abroad to issue
an immigrant visa to an individual who meets the
definition of a Convention refugee, as given under
the United Nations Convention and Protocol Relating
to the Status of Refugees, or individuals from
selected countries identified for special
consideration who find themselves in refugee-like
situations. The program presently consists of three
designated classes. 1. the Convention refugee class
2. the country of asylum class 3. the source country
class.
The Convention refugee Class:
As discussed above a member of the Convention refugee
class should meet the definition of Convention refugee
as given in the United Nations 1951 Convention. The
member must also satisfy a visa officer that the person
and dependents will be able to successfully establish in
Canada. Convention refugees selected abroad receive
either public assistance with resettlement in Canada or
receive assistance through "private sponsorships" by
Canadian corporations or groups.
Group sponsorship of refugees:
Under this, a group of at least five Canadian citizens
or permanent residents 19 years of age or older, or a
corporation may be allowed to sponsor a person, who has
been determined to be a refugee by an immigration
officer abroad. Undertaking a sponsorship agreement
means agreeing to provide settlement assistance for the
refugee(s) for a period of one year. Both sponsors and
refugees must meet the requirements of the Immigration
Act and Regulations.
The Asylum Country Class:
A member of this class is a person who has left his
country of nationality or habitual residence and who has
been and continues to be seriously and personally
affected by civil or armed conflict or a massive
violation of human rights in his country of citizenship
or habitual residence, in respect of whom there is no
possibility of resettlement within a reasonable period.
The visa officer must be satisfied that the person has
adequate financial resources or assistance to become
successfully established in Canada.
The Source Country Class:
A member of Source country class is a person who is
residing in his country of citizenship or habitual
residence as set out in the schedule to the Humanitarian
and Designated Classes Regulations. The member must also
be seriously and personally affected by civil or armed
conflict in the person's country of citizenship or
habitual residence as a direct result of acts committed
outside Canada that, in Canada, would be considered a
legalized expression of free thought or a legitimate
exercise of civil rights pertaining to dissent or trade
union activity; be apprehended or imprisoned in that
country with or without charge, or presently or in the
past have been subjected to some other recurring form of
penal control; or meet the definition of a Convention
refugee other than being outside of the country of
persecution. The visa officer must be satisfied that the
person has adequate financial resources or assistance to
become successfully established in Canada.
