Canada Immigration Refugee Category

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Conventional Refugee

One of the stated objectives of Canada's Immigration Act is to "fulfill Canada's international legal obligation with respect to refugees and to uphold its humanitarian tradition with respect to the displaced and persecuted".

Admissibility

Refugees are not subject to the formal "point system" employed to evaluate the skills and adaptability of independent immigrants.

Nevertheless, the refugee' ability to adapt successfully to Canadian life is taken into account. Level of education, job skills and knowledge of English or French may be used as guides in determining whether an applicant will be able to adapt successfully. Also, the amount of financial and other settlement assistance available to the applicant may determine admissibility. In some cases, a refugee may not be admitted because of security or health reasons.

The need for the resettlement, however, is the overriding consideration. if there are compelling humanitarian reasons, persons who do not meet statutory requirements or who require urgent admission may be issued Minister's permits in order to waive admissibility requirements.

Criteria

Refugees applying from outside of Canada may be sponsored by the federal government or by private organizations or groups of individuals.

Applications are assessed by a foreign service officer who determines whether the individual meets Canada's definition of a refugee and is likely to settle successfully, given the level of assistance available. If accepted, the applicant is given a visa and becomes a permanent resident of Canada upon arrival.

In order to be classified a refugee, applicants must meet one of the following determinations:

Convention refugee are persons who, by reason of well founded fear of persecution, for reason of race, religion, nationality, political opinion or membership in a particular social group, are unable or unwilling to return to their countries of birth or habitual residence.
Members of designated classes are persons in refugee like situations who are in need of resettlement, even though they may not meet the strict definition of convention refugee. This class is determined by the federal minister responsible to international events or crises. Current designated classes are applicants from Yugoslavia, Rwanda, Afghanistan, El Salvador, Guatemala.
Special humanitarian measures may be implemented for people from countries experiencing national emergencies or natural disasters, who have relatives in Canada and do not meet the definition of refugee, in order lawfully bring them to Canada.

The in Canada refugee determination process is designed to deal with refugee claimants who arrive in Canada without prior assessment and apply for refugee status.

Assistance

A person who has been determined to be a refugee and is granted admission to Canada may require some assistance. In these cases, assistance by the Canadian government or sponsorship by a Canadian group may be arranged. this sponsorship can help by providing settlement assistance for up to one year. The assistance may include housing, food, clothing, incidental expenses, community orientation, help in finding a job and some support in dealing with the challenges of settling in a new country. Refugees are also eligible for all benefits and social assistance programs available to permanent residence of Canada.