immlaw@akahlon.ca | +1 (647) 450-0000
Refugee Claim

Refugee Claim

A refugee claim is a legal request for protection in Canada made by individuals who cannot return to their home country due to a well-founded fear of persecution.

At Kahlon Law Office, we understand that fleeing persecution, violence, or danger in your home country can be a difficult and life-altering experience. Canada offers protection to individuals who fear serious harm, but navigating the refugee claim process can be complex. Our experienced legal team is dedicated to guiding you through this process with compassion, professionalism, and unwavering advocacy.

What is the eligibility criteria for protection under Canadian Immigration Law?

Under Canadian immigration law, a person may be granted protection if they meet one of the following criteria:

1. Convention Refugee

You may qualify as a Convention Refugee if you have a legitimate fear of persecution in your home country based on:

  • Race
  • Religion
  • Political opinion
  • Nationality
  • Membership in a particular social group (e.g., gender, sexual orientation, survivors of domestic violence, or other vulnerable identities)

2. Person in Need of Protection

Even if you do not qualify as a Convention Refugee, you may still receive protection in Canada if you can demonstrate that returning to your country would subject you to:

  • Torture
  • Risk to life
  • Risk of cruel and inhuman treatment or punishment

The Government of Canada carefully assesses each case to determine whether an individual qualifies for protection under the Immigration and Refugee Protection Act (IRPA).

How can Kahlon Law Office help?

Filing a refugee claim requires thorough preparation, extensive documentation, and a compelling legal argument. At Kahlon Law Office, we provide a full range of legal services to ensure your case is handled with the highest level of care and professionalism.

1. Preparing & Filing Your Refugee Claim

Our legal team will:

  •  Assess your eligibility and advise on the best legal pathway.
  •  Help you complete and submit your Basis of Claim (BOC) form, which outlines why you are seeking protection.
  •  Gather supporting evidence, including country condition reports, medical records, expert opinions, and witness statements.
  •  Ensure your claim is properly filed with the Immigration and Refugee Board of Canada (IRB).

2. Representation at Your Refugee Hearing

Your refugee hearing before the Refugee Protection Division (RPD) is the most critical stage of your case. Our legal team will:

  •  Prepare you for the hearing by conducting mock interviews and reviewing possible questions.
  •  Provide strong legal advocacy by presenting arguments and evidence supporting your claim.
  •  Address any concerns raised by the tribunal or Minister’s counsel.

3. Appeals & Judicial Reviews for Refused Claims

If your refugee claim is denied, Kahlon Law Office will explore all available legal remedies, including:

4. Pre-Removal Risk Assessment (PRRA)

If you have been ordered to leave Canada, you may qualify for a Pre-Removal Risk Assessment (PRRA). Our lawyers will help you:

  •  Demonstrate the dangers you would face if removed from Canada.
  •  Submit strong supporting evidence to Immigration, Refugees, and Citizenship Canada (IRCC).
  •  Seek a stay of removal if your application is being processed.

What are the Safe Third Country Agreement (STCA) restrictions & exceptions?

The Safe Third Country Agreement (STCA) between Canada and the United States requires most refugee claimants to seek asylum in the first safe country they arrive in. This means that individuals who enter Canada from the U.S. land border are generally ineligible to make a refugee claim unless they qualify for an exception.

Exceptions to the STCA

If you are crossing into Canada from the U.S., you may be allowed to make a refugee claim if you meet one of the following exceptions:

1. Family Member Exception

You may qualify if you have a close family member in Canada who is:

  •  A Canadian citizen or permanent resident.
  •  A recognized refugee in Canada.
  •  A refugee claimant awaiting a decision from the IRB.
  •  A study permit or work permit holder.

2. Unaccompanied Minors Exception

Children under 18 years of age who are not accompanied by a parent or legal guardian and have no family in Canada, or the U.S. may be eligible to make a refugee claim in Canada.

3. Document Holder Exception

You may qualify under this exception if you hold:

  •  A valid Canadian visa (other than a transit visa).
  •  A valid work or study permit.
  •  A travel document issued by Canada.

4. Public Interest Exception

If you are facing the death penalty in the United States or another country, you may qualify for an exemption under public interest grounds.

Our legal team will carefully assess whether you meet an STCA exception and advise you on the best course of action.

Why choose Kahlon Law Office?

Choosing the right legal representation can make a significant difference in the outcome of your refugee claim. At Kahlon Law Office, we offer:

  •  Experienced Immigration Lawyers – Deep knowledge of refugee law and a proven track record of success
  •  Personalized Legal Strategies – Tailored legal approaches based on your unique circumstances
  •  Compassionate & Confidential Service – We understand the sensitive nature of refugee claims and handle every case with care and discretion
  •  Full Representation from Start to Finish – From filing your claim to attending hearings and handling appeals, we are with you every step of the way

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Phone: +1 (647) 450-0000

Email: immlaw@akahlon.ca

Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.

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