What are Asylum Claims - An Overview in Canada

By Kimber Young

Asylum claims are made by people who wish to be refugees. In Canada, one may make a refugee claim upon their point of entry to arrival in Canada, or it can be done online if they are already situated inside of Canada. A set of criteria determined by the Immigration and Refugee Protection Act will decide if an individual is authorised to enter and remain in Canada. Asylum seekers are not the same as resettled refugees. The latter are screened abroad prior to being issued a visa to come into Canada, and when they arrive they are considered permanent residents.  

All eligible refugee claimants receive a hearing at the Immigration and Refugee Board of Canada where it is determined if this person meets all requirements of being a refugee claimant, such as set by the United Nations definition of a Convention refugee. This definition includes those who fear persecution based on their race, religion, political opinion, nationality, or association to a social group, in their home country. While the decision is being made about one’s claim, they may still have access to social assistance, education, health services, emergency housing, as well as legal aid. Furthermore, once the individual undertones a medical examination they may apply for a work permit.  

On the one hand, if the refugee claimant receives a positive decision on their claim they receive a protected person status. They also have access to the federally funded settlement services which include; needs assessment and referrals, information and orientation, language training, support in finding employment, providing connections to new communities, among others. This protected person now can stay in Canada and apply to become a permanent resident.  

On the other hand, if a refugee claimant receives a negative decision their claim is rejected. They may be able to appeal the decision, but if this is not possible or does not result in a new decision, there is the allowal for the removal of the individual. The immigration laws must be respected and the individuals must leave Canada. If they do not appear for a removal interview or scheduled removal date they may be issued an arrest warrant and experience detention by the Canada Border Services Agency before their removal. 

The reality of asylum claimants is difficult, they face many struggles. In Toronto, asylum seekers have been faced with a shelter crisis. Last summer in July, a number of these claimants were sleeping outside of a shelter as they had no housing. The City’s shelter systems were at full capacity and there was no funding to create additional assistance for these asylum seekers. Over the past two years the number of claimants in the shelter system has multiplied by five-hundred percent. Yet their needs continue to be unmet.  

Sources: 

Immigration, Refugees and Citizenship Canada. “Claiming Asylum in Canada – What Happens?” Canada.ca, Government of Canada, 28 Mar. 2023, www.canada.ca/en/immigration-refugees-citizenship/news/2017/03/claiming_asylum_incanadawhathappens.html  

Cross, Jamie. “Asylum Seekers in Toronto.” GlobalMedic, 29 Aug. 2023, globalmedic.ca/asylum-seekers-in-toronto/#:~:text=Numbers%20have%20skyrocketed%20from%20530,be%20responsible%20for%20the%20individuals