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PERMANENT RESIDENT VISAS - REFUGEE
Refugee Cases
Through its refugee protection system, Canada offers safe haven to persons with a well-founded fear of persecution, as well as those at risk of torture or cruel and unusual treatment or punishment.
Pursuant to article 96 and 97 of the Immigration and Refugee Protection Act, a refugee or a person in need of protection is: | |
96. a Convention refugee is a person who, by reason of a well founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
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- is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themselves of the protection of each of those countries; or
- not having a country of nationality, is outside the country of their former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
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Person in need of protection:
97. 1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally |
- to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
- to a risk of their life or to a risk of cruel and unusual treatment or punishment if
- the person is unable or, because of that risk, unwilling to avail themselves of the protection of that country,
- the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
- the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
- the risk is not caused by the inability of that country to provide adequate health or medical care.
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Refugees and persons needing protection are people in or outside Canada who fear returning to their country of nationality or habitual residence. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year.
If you believe you may face any of the above circumstances, contact us and our expert legal team will advise you of the best course of action. You may also be eligible for financial assistance through Legal Aid. For more information, check with Legal Aid Ontario.
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