๐๐ข๐ฅ๐๐๐๐ก ๐ก๐๐ง๐๐ข๐ก๐๐
A Foreign National is anyone other than a permanent resident or a Canadian citizen. They have the fewest amounts of rights โ including none at all in some cases.
Examples of Foreign Nationals include:
ยท Visitors (tourist/visitor/business visa, super visa)
ยท Temporary Foreign Workers (LMIA, IMP, etc)
ยท Temporary Residents (TRPโTemporary Residence Permit holder)
ยท International Students
ยท Refugees or Protected Persons
ยท Refugee Claimants
ยท Nationals of Moratorium Countries
ยท Individuals without status or out of status (permit has expired)
๐๐ข๐ก๐ฉ๐๐ก๐ง๐๐ข๐ก ๐ฅ๐๐๐จ๐๐๐
A Convention Refugee is a person who has a well founded fear of persecution in their country of nationality for reasons of race, religion, nationality, political opinion, membership in a particular social group and is unable or unwilling to avail themselves of the protection of their country.
If a claim is connected to one of these grounds, a claimant must establish that there is more than a mere possibility of persecution
๐ฃ๐ฅ๐ข๐ง๐๐๐ง๐๐ ๐ฃ๐๐ฅ๐ฆ๐ข๐ก๐ฆ
A Protected Person is a person who would be at risk of cruel and unusual treatment or punishment or at risk to their life and, because of that risk, is unwilling or unable to avail themselves of the protection of their country.
A Protected Person has all of the rights of a Convention Refugee, for the most part, but has a higher threshold:
โขThey must prove their risk on a balance of probabilities
โขThe risk does not have to be linked to Convention grounds, but cannot be โgeneralizedโ
๐ง๐๐ ๐ฅ๐๐๐จ๐๐๐ ๐๐๐๐๐ ๐ฃ๐ฅ๐ข๐๐๐ฆ๐ฆ
Starts with making a claim at the port of entry or inland claim, if found eligible, attend a hearing before the Refugee Protection Division of the Immigration and Refugee Board.
If positive โ apply for permanent residency.
If negative, most people have a right of appeal to the Refugee Appeal Division. If no right of appeal, or if negative appeal, seek Judicial Review at the Federal Court. If still negative, they likely face deportation without some other immigration proceeding.
๐ฃ๐ฅ๐-๐ฅ๐๐ ๐ข๐ฉ๐๐ ๐ฅ๐๐ฆ๐ ๐๐ฆ๐ฆ๐๐ฆ๐ฆ๐ ๐๐ก๐ง (๐ฃ๐ฅ๐ฅ๐)
Convention Refugee or Protected Person status can also result from a paper-based process called a Pre-Removal Risk Assessment (PRRA). Confers protection against return to torture and/or risk.
It is not automatic for every failed refugee claim โ it takes one year after claim is rejected before getting entitled to a PRRA.
It is generally, a written application and does not require a hearing save a few exceptions.
There is no automatic right of appeal if negative โ straight to judicial review at Federal Court.
If positive, apply for permanent residence.
๐๐ฎ๐ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐๐ฎ๐๐ถ๐ฑ ๐๐ฏ๐ฒ๐ฎ๐๐๐ฐ๐ต๐ถ is a Toronto based law firm with a trained immigration attorney, excited to take you through the immigration documentation process to ensure it is as seamless as possible. Get it right this time!
