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Refugee Protection in Canada
Trusted Guidance. Compassionate Advocacy. A Team Who Stands With You.
Canada’s Refugee Protection system, governed by the Immigration and Refugee Protection Act (IRPA) and grounded in international commitments such as the 1951 Refugee Convention and 1967 Protocol exists to protect individuals who face real danger in their home countries.
At Salvera Immigration, we know that a refugee claim is more than a legal process. It is a matter of safety, dignity, and survival. Team Salvera is committed to walking with you through every step, with empathy, professionalism, and unwavering dedication.
Who Can Claim Refugee Protection in Canada?
An individual may claim Refugee Protection in Canada if they have a well-founded fear of persecution based on one of the following grounds:
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Race or ethnicity
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Religion
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Political opinion
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Nationality
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Membership in a particular social group (e.g., women, LGBTQ+ persons, survivors of gender-based violence)
How to Make a Refugee Claim
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At a Port of Entry – You may make a claim for protection when you arrive at a Canadian airport, seaport, or land border.
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Inside Canada – If you are already in Canada, you can submit your Refugee Claim through an IRCC office or online.
What Happens After Making a Claim?
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Eligibility Interview – After you make your claim, an officer reviews whether it is eligible to be referred to the Immigration and Refugee Board (IRB).
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Referral to the IRB – If eligible, your case is referred to the Refugee Protection Division (RPD) of the IRB, an independent tribunal that decides refugee matters.
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Hearing – You will attend a hearing before an RPD member to present your story, evidence, and witnesses if applicable.
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Decision – The RPD will decide whether you qualify as a Convention Refugee or a person in need of protection. If accepted, you may apply for permanent residence in Canada.
What If My Claim Is Denied?
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You may have the right to appeal to the Refugee Appeal Division (RAD).
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In some cases, you can ask for a Judicial Review in Federal Court.
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You may also consider Humanitarian & Compassionate (H&C) applications or a Pre-Removal Risk Assessment (PRRA) if applicable.
Group of Five Sponsorship
Beyond in-Canada Refugee Claims, Canada offers private Refugee Sponsorship through the Group of Five (G5) model. This allows five or more Canadian citizens or permanent residents to sponsor refugees living abroad to resettle in their Canadian community, provided they can support them emotionally, financially, and through settlement services for about one year.
Key points about Group of Five:
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Eligibility paused for new applications — IRCC is currently not accepting new G5 sponsors (except under the Blended Visa Office-Referred program).
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Each sponsor must be 18+, be a Canadian citizen or permanent resident, live in the area where the refugee will settle, and commit to financial and settlement support.
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Refugees must have recognized refugee status by UNHCR or a foreign government; the sponsorship group submits a detailed settlement plan and shows their financial capacity.
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Because intake is paused, only existing applications will be processed; new sponsorships are restricted.
This private sponsorship pathway is part of Canada’s Private Sponsorship of Refugees (PSR) program, other private sponsorship formats include Community Sponsors and Sponsorship Agreement Holders (SAHs).
Immigration Appeals (IAD)
The Immigration Appeal Division (IAD) hears appeals on:
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Refusals of Family Class Sponsorship Applications.
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Certain Removal Orders against Permanent Residents or Protected Persons.
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Findings that a Permanent Resident has not met their Residency Obligation.
We carefully analyze the decision, identify errors or overlooked factors, and build strong cases that include Humanitarian and Compassionate arguments.
Deportation (Removal Order) Appeals
Facing removal from Canada can be overwhelming. If you qualify, you may have the right to Appeal your Removal Order to the IAD. We advocate for stays of Removal or Reversals of the order, focusing on:
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Hardship you would face if removed.
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Best interests of children affected.
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Your establishment and ties to Canada.
Ministerial Relief & Interventions
In cases involving serious Inadmissibility Grounds, such as security issues, organized crime, or human rights violations, a person may be barred from entering or remaining in Canada under IRPA sections 34–37.
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Ministerial Relief (IRPA s.42.1): The Minister may grant relief if the person is not a threat and allowing them to remain is not contrary to Canada’s national interest.
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Ministerial Intervention: In certain circumstances, the Minister may intervene in cases before the Immigration and Refugee Board, or exercise discretionary authority to resolve matters where fairness and the public interest demand it.
These remedies are exceptional, complex, and highly discretionary. They require strong submissions and evidence to persuade the Minister to exercise their authority.
Our Role in Your Journey
At Salvera, we understand that a Refugee Claim is not just a legal process, it is a matter of safety, dignity, and future. We provide:
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Careful preparation of your claim and evidence.
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Representation at IRB hearings.
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Support with Appeals and Judicial Reviews when necessary.
Canada’s Refugee System is designed to be fair, but it can also be complex and overwhelming. Our role is to ensure that your voice is heard, your case is strongly presented, and your rights are fully protected.
If you are considering making a Refugee Claim or Appealing a decision, contact us today to discuss your options.