Humanitarian Grounds

Immigration based on Humanitarian
and Compassionate grounds

Immigration based on Humanitarian and Compassionate grounds: If you are currently in Canada and would suffer significant hardship if you were deported back to your home country for whatever reason, you may be eligible for the Humanitarian and Compassionate application. In humanitarian and compassionate cases, those who may not otherwise be eligible for permanent residence in Canada can apply.

If you’re forced to quit your homeland for fear of violence and can’t return, you’re a refugee, Additionally, refugees may apply for permanent status for humanitarian and compassionate grounds under Canada’s refugee system. These applications can be divided into two categories:

  • Resettlement from outside Canada and
  • Claiming refugee protection from inside Canada

Resettlement from outside Canada: A refugee must be recommended to the Canadian government by the United Nations Refugee Agency (UNHCR), a certified referral agency, or another private sponsoring organisation before applying for refugee status. And to be referred, you must fall into one of these two refugee classes:

  • Convention Refugee Abroad Class: Persecution because of race, religion, political ideology, nationality, or membership in a specific social group includes those who have fled their native country and are unable to return (gender, sexual orientation etc.). Canadian government; a group of persons or an organisation; or a combination of the three may sponsor convention refugees. If you have the money to sustain yourself and your family after you arrive in Canada, you may potentially qualify as a Convention refugee.
  • Country of Asylum Class: If you are outside of your place of origin or the nation where you ordinarily reside and have been adversely impacted by civil war or armed conflict, or if your fundamental human rights have been consistently violated, you may be considered a refugee. Refugees in the country of asylum may be privately sponsored. You might also be a part of this group if you have the financial resources necessary to sustain your family in Canada.

After being recommended by the United Nations High Commissioner for Refugees, a referral agency, or a private sponsorship group, you must apply under one of the two categories. In addition, you’ll have to pass a medical test and a background check for security and criminal activity.

Claiming refugee protection from inside Canada: There are persons who are already living in Canada who are afraid of being persecuted or in danger if they return to their place of origin. In order to get refugee status in Canada, you must believe that returning to your home country or place of origin would be dangerous. Torture, death threats, and harsh and unfair treatment are among the dangers.

The Immigration Refugee Board of Canada receives all refugee claims that are legitimate and qualifying (IRB). All refugee and immigration decisions are made by an impartial body, the IRB. There are two types of refugees: Convention Refugees and Individuals in Need of Protection.

  • Convention Refugee: Conventional refugees are those who have fled their place of origin or the nation in which they usually reside. For fear of persecution based on race, religion, political opinion, nationality or participation in a certain social group, they are unable to return home (gender, sexual orientation etc.)
  • A Person in Need of Protection: Any Canadian residing here who cannot return to his or her place of origin in a secure manner is considered to be in need of protection. That’s because they might be subjected to harsh and unusual punishment or torture if they go back to their own country.

Safe Third Country Agreement: An arrangement with the United States requires refugees to file their claims in the first secure nation they arrive in, regardless of where they came from.

As a result, if you enter Canada from the United States through land border, you will be unable to file a refugee claim in the country. This rule does not apply in all circumstances (for example, if you have family in Canada).

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