Refugee claim (demand of protection)

Refugee claim (demand of protection)

WHO IS NOT ELIGIBLE TO APPLY for REFUGEE IN CANADA??

📌Yes, you heard that right. Not everyone has the right to apply for asylum. There are two types of applicants whose asylum applications will be rejected.

👉1. If you have citizenship of another country or a residence permit. This exception was introduced through several lawsuits to avoid so-called asylum shopping in search of refugee status. If you are persecuted by two countries of citizenship, this issue will be considered separately and very scrupulously. If we are talking about a  permanent residence permit, the conditions for maintaining permanent resident status in another country play a significant role. It is no secret that in many countries, a permanent residence permit is automatically canceled if you do not reside there (USA, Kazakhstan, Russia, and others). This amendment is called an exception under Article 1E.

👉2. If the applicant has been found guilty of a serious non-political crime (criminal), as well as crimes against humanity, genocide, and war crimes. The second type of application rejection happens quite often now. ‼️This is an exception under Article 1F. Note that this also includes forced deportation (resettlement) of people, persecution of a particular group based on nationality, membership in a structure that practices this, and there are reports that demonstrate this. For example, former FSB, SBU officers, TCC workers, and many other organizations. ⚠️If you worked in these organizations, you need to seriously weigh all the pros and cons if you are still thinking about the asylum program. ‼️As for serious crimes, this topic deserves a whole dissertation, but the main thing to understand is that the seriousness of the crime is determined by Canadian law, ‼️not the laws of the country where it happened. Any crime is considered serious if the maximum penalty is from 10 years of imprisonment and there is no statute of limitations. ⚠️For example: forging documents in post-Soviet countries can result in a fine, but in Canada, they will interrogate you about which documents were forged, and if it was government forms/checks etc., then under Canadian law, this is a sentence of up to 10 years of imprisonment, meaning a serious crime, and thus no right to apply for asylum.