What is a Refugee Claimant?

Written By Inasmuch Community Society

Refugee Claimants are individuals who come to Canada seeking asylum.

Unlike other convention refugees Refugee Claimants don’t apply before arriving to Canada. Why not? The only way to claim asylum directly is once you are already inside Canada. Many individuals who are in this position to claim asylum, say they didn’t have time to wait to apply ahead of time. Many had been running for their lives for a while and travel to Canada because they have heard that Canadians are kind to Refugees.

Individuals can be given refugee protection in Canada if they meet the definition of a Convention refugee, or if they are a person in need of protection.

Canada defines Convention refugee according to the United Nations definition: as individuals outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on

• race

• religion

• political opinion

• nationality

• being part of a social group, such as women or people of a particular sexual orientation

Canada defines a person in need of protection as a person who can prove that they can’t return to their home country safely. This is because, if they return, they may face

• danger of torture

• risk to their life

• risk of cruel and unusual treatment or punishment

Refugee Claimants must put in a claim to prove they are in fact a convention refugee or a person in need of protection. The claim will be brought to a hearing when it will be decided if the individual will be allowed to stay in Canada and have their immigration status changed from Refugee Claimant to Convention Refugee or Protected Person.

Extra Challenges Refugee Claimants Face:

• The immigration system must be navigated once in Canada and documents may not be found in their native language

• There is no housing provision upon arrival

• Work permits must be applied for and take up to 3 months to receive

• Refugee Claimants are often out of money upon arrival as many have been in hiding or in flight for a long time

• Refugee Claimants do not qualify for many services that other types of refugees receive upon arrival such as English classes

• It may take anywhere from 5 to 18 months for a Refugee Claimant to have their hearing. It is hard for many to feel safe and settled not knowing if they will be granted permission to stay in Canada or if they will be sent back to their country.

• Many Refugee Claimants struggle to deal with the trauma’s they fled from and retraumatization of living in fear of being sent back to their country.

• During their hearing, Refugee Claimants must retell the trauma’s they experienced that caused them to flee to Canada. Reliving the horrors is often triggering and can cause individuals significant mental health challenges.

• There is stigma attached with being a Refugee Claimant - many are ashamed to admit they are a refugee

• For many refugees arriving in Canada brings a sense of freedom, for Refugee Claimants many still won’t feel safe as whoever threatened their lives in their own country may still be looking for them.

Refugee Claimants face a very difficult journey both before they arrive in Canada, and up to the time their case is determined if they are allowed to stay. Please consider volunteering with or donating to Inasmuch Community Society so we can continue to serve these resilient people who have endured so much.