You fled from your country or you are in Canada and discover that you cannot return to your country as your life is in danger. Should you make a refugee claim in Canada? The answer is not as simple as you think as you need to consider many factors. First, you have to decide if you would like to return to your country sometime in the future. When you make a refugee claim in Canada you must understand that if you are successful you can never return to your country, even to visit or you would risk losing your status in Canada. Second, are you from a country where people commonly make a refugee claim? If you are from a country where our government perceives that there is adequate police protection you will likely not be successful at your refugee hearing even if you have evidence that your life is in danger. Most European countries, Common Wealth countries and Mexico have a very low acceptance rate in Canada as our government perceives that these countries provide adequate police protection. Third, when you make a refugee claim you are given a conditional departure order that becomes a deportation order if you lose your claim or subsequent appeals. This means that you cannot return to Canada unless you apply for an authorization to return to Canada. Fourth, what if you lose you refugee claim? Typically you will have the right to appeal and then seek Judicial Review at the Federal Court. If this does not prove to be successful you will have to leave Canada. You will not have the opportunity to make another refugee claim and will likely have difficulty obtaining any temporary visa to Canada in the future. Fifth, do you have evidence to support the fact that your life is in danger in your country? This could include police reports, hospital reports, affidavits, etc. In most cases the Refugee Board will expect you have to proof that your life is in danger and that the risk that your fear is personalized risk and not a generalized risk. Six, is there is an internal flight in your country? The Refugee Board will want to know if there is a safe place that you could live in your country. The agents of persecution and the size/population of your country will obviously be a factor in determining if there is an alternative flight alternative. If you have sought internal flight before coming to Canada and this proved to be futile, the Refugee Board will consider this fact. Nevertheless, before making a refugee claim you should consult with an immigration lawyer or consultant who can help guide you to make the best possible choice for you.
