Definitions and terminologies

Explanation of the asylum process

Canada is a party to the United Nations 1951 Convention Relating to the Status of Refugees. The core principle of this convention is that a refugee should not be returned to a country where they face serious threats to their life or freedom. This means that Canada is legally obliged to offer refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include torture, risk to their life, and risk of cruel and unusual treatment or punishment based on their religion, political affiliation or sexual orientation. 

https://www.unhcr.org/1951-refugee-convention.html

 

Definitions

Canadian citizen- Permanent residents can apply for Canadian Citizenship after living in Canada for three years.

Convention refugee or “accepted refugee”– a person who meets the refugee definition in the 1951 Geneva Convention relating to the Status of Refugees. Once the refugee claim has been accepted, the person can apply for permanent residency in Canada. To meet the definition of “Convention Refugee,” you must show that you meet all six parts of the definition below: 

1. If I return to my country, there is a serious possibility I will face persecution?
2. Is this persecution based on my: race / religion / nationality / political opinion / or membership in a particular social group (Note: The term “social group” refers to many kinds of groups, including groups based on gender, sexual orientation, disability, family, trade unions etc.).
3. I am genuinely afraid to return to my country
4.  I have good reason to be afraid based on the situation in my country, and,
5.  my government cannot protect me 
6. and I cannot live safely in any other part of the country or it is not reasonable for me – given who I am – to move to another part of the country. (Legal Issue: Internal Flight Alternative). 

Permanent resident – a person granted the right to live permanently in Canada. The person may have come to Canada as an immigrant or as a refugee. 

Protected person – according to Canada’s Immigration and Refugee Protection Act, a person who has been determined to be either (a) a Convention Refugee or (b) a person in need of protection (including, for example, a person who is in danger of being tortured if deported from Canada).

Refugee – a person who is forced to flee from persecution and who is located outside of their home country.

Refugee claimant or Asylum Seeker – A refugee claimant, also referred to as an asylum seeker, is a person who has not yet received legal status from the government as a refugee. A person can be a refugee claimant as long as their application to obtain a refugee status is pending. On the other hand, a refugee is a person who has been granted status as a refugee through the refugee determination process. Although all refugees start off as asylum seekers, not all asylum seekers get their refugee status in the end. 

Resettled refugee – a person who has fled their country, is temporarily in a second country and then is offered a permanent home in a third country.  Refugees resettled to Canada are selected abroad and become permanent residents as soon as they arrive in Canada.

https://ccrweb.ca/en/glossary

Safe Third Country Agreement

A safe third country is a country where an individual, passing through that country, could have made a claim for refugee protection. Asylum seekers coming into Canada must make their refugee claim in the first safe country in which they land, unless they qualify for an exemption. The Safe Third Country Agreement currently only applies to the USA and applies to asylum seekers attempting to enter Canada at an official port of entry (at official US-Canada land border crossings, by train, or by plane). Asylum seekers who come to Canada from the USA through unofficial border crossings are not subject to the Safe Third Country Agreement and should not be turned away. 

Certain people qualify for exemptions under the Safe Third Country Agreement, including unaccompanied minors, those with family members in Canada, persons holding Canadian documents such as a valid Canadian visa or travel, work, or study permits, and those who have been charged with or convicted of an offence for which they could face the death penalty in the USA. 

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html