Canada offers protection to refugees fleeing persecution through multiple pathways: resettlement from abroad, in-Canada refugee claims, and humanitarian programs addressing particular crises. Understanding these pathways—their processes, eligibility criteria, and outcomes—enables those seeking protection to identify appropriate routes while helping Canadians understand the refugee determination system.
Refugee Resettlement from Abroad
Government-Assisted Refugees (GARs) are selected abroad and receive Canadian government settlement support upon arrival. UNHCR and other referral organizations identify refugees in need of resettlement. Canadian officials assess referrals against eligibility criteria. Selected refugees receive permanent residence upon arrival and settlement support for approximately one year.
Privately Sponsored Refugees (PSRs) are sponsored by groups of Canadian citizens or permanent residents who commit to providing settlement support. Sponsoring groups—Sponsorship Agreement Holders, Groups of Five, and Community Sponsors—identify refugees and submit applications. Sponsors provide financial support and settlement assistance for twelve months or until self-sufficiency, whichever comes first.
Blended Visa Office-Referred (BVOR) refugees combine government and private sponsorship. Government refers refugees; sponsors are matched to provide support. Costs and support responsibilities are shared between government and sponsors. This model enables expanded resettlement beyond either government or private capacity alone.
Eligibility for resettlement requires meeting Convention refugee definition—well-founded fear of persecution based on race, religion, nationality, particular social group, or political opinion—or the broader humanitarian protected person category. Applicants must be admissible (pass security, criminality, and health screening) and have no durable solution in their current location.
In-Canada Refugee Claims
Refugee claims can be made at Canadian ports of entry or after entry into Canada. Claimants must demonstrate well-founded fear of persecution if returned to their home countries. Claims are assessed by the Immigration and Refugee Board's Refugee Protection Division (RPD).
Safe Third Country Agreement with the United States means that refugee claimants arriving at regular land border crossings from the US are generally ineligible to make claims in Canada. This agreement, expanded in 2023, significantly affects claim access. Exceptions exist for those with family in Canada, unaccompanied minors, and others in specified circumstances.
Claim processes involve eligibility determination, preparation of written narratives (Basis of Claim forms), document gathering, and RPD hearings. Claimants present their cases with opportunity to explain their fears. Officers assess credibility, country conditions, and legal elements. Legal representation significantly improves outcomes, though not all claimants access representation.
Outcomes include refugee protection (Convention refugee or person in need of protection status), leading to permanent residence, or claim rejection. Rejected claimants may appeal to the Refugee Appeal Division and, ultimately, seek judicial review in Federal Court. Those ultimately refused face removal unless other remedies apply.
Humanitarian Programs
Public policy programs address particular humanitarian situations. Recent examples include programs for Afghans following the Taliban takeover, Ukrainians fleeing Russian invasion, and others facing crisis situations. These programs may provide temporary or permanent protection outside regular refugee streams.
Humanitarian and compassionate considerations enable permanent residence for those whose removal would cause undue hardship even if they don't qualify as refugees. H&C applications are discretionary and consider factors like establishment in Canada, family ties, best interests of children, and country conditions. Success rates are low, but H&C provides safety net where other remedies fail.
Temporary protected status programs provide interim protection for those from countries experiencing crisis. Canada-Ukraine Authorization for Emergency Travel (CUAET) provided three-year temporary residence to Ukrainians. Similar programs may address future crises.
Rights and Supports for Refugee Claimants
Refugee claimants have rights during claim processes. Work permits are available after certain waiting periods. Interim Federal Health Program provides medical coverage. Provincial social assistance may be accessible depending on province. Children can attend school. These interim supports enable survival while claims are determined.
Legal assistance for refugee claims is available through legal aid in some provinces, refugee legal clinics, and pro bono programs. Given claim complexity and stakes, legal representation is strongly recommended. Settlement organizations can connect claimants with legal resources.
Processing timelines have varied significantly. During backlogs, claims can take years to determine, leaving claimants in prolonged uncertainty. Recent reforms aim to accelerate processing, though achieving both speed and fairness remains challenging.
Challenges in Refugee Protection
Access to Canadian territory to make claims has become increasingly difficult. Border restrictions, carrier sanctions, and visa requirements prevent many from reaching Canada. Those who cannot access territory cannot claim protection, regardless of their persecution.
Credibility assessment challenges arise from difficulties documenting persecution, cultural differences in narrative presentation, trauma effects on recall and testimony, and officer skepticism. Well-founded claims are sometimes rejected on credibility grounds.
Country condition information used in decisions may not capture rapidly changing situations or localized persecution. Standard country packages may not reflect specific claimant situations. Presenting accurate, current country evidence is crucial but challenging.
Refugee protection represents Canada's commitment to international humanitarian obligations and domestic values of protecting the persecuted. When protection systems work well, they provide safety to those in genuine danger. When barriers prevent access or claims are wrongly refused, persecution continues despite Canada's stated commitments. Ongoing attention to system integrity and accessibility is essential for meaningful protection.