Asylum seeker vs. Refugee claim

[Laurahd]

Does CIC make difference between refugee claim and seeking asylum? In the form it ask if a refugee claim was refused. However, the applicant seemed asylum in US while inside the country. And uscis refused so it was sent to court. Then applicant left the country voluntarily without being expulsed, before court hearing. My question is is it misrepresentation if he answers no to the question since seemed asylum and didn’t make refugee claim?

 

[jddd]

They are one and the same. If USCIS refused it then your answer should be yes you were refused. It is definitely misrepresentation and Canada will 100% know about it so why bother lying about it?

 

[zardoz]

Does CIC make difference between refugee claim and seeking asylum? In the form it ask if a refugee claim was refused. However, the applicant seemed asylum in US while inside the country. And uscis refused so it was sent to court. Then applicant left the country voluntarily without being expulsed, before court hearing. My question is is it misrepresentation if he answers no to the question since seemed asylum and didn’t make refugee claim?

Just a reminder. If an asylum claim was made in the USA and refused, it will also be denied in Canada now under recently passed new legislation. The chances of Canada issuing a TRV to a recent asylum seeker are also extremely low.

 

[Laurahd]

Just a reminder. If an asylum claim was made in the USA and refused, it will also be denied in Canada now under recently passed new legislation. The chances of Canada issuing a TRV to a recent asylum seeker are also extremely low.

That’s not what I asked but thank you. He is not applying for asylum here. He got the TRV after and in between, he was on visit visa in another country. Now he’s applying to PR under spouse sponsorship inland. I’m asking about the terminology.

 

[Laurahd]

They are one and the same. If USCIS refused it then your answer should be yes you were refused. It is definitely misrepresentation and Canada will 100% know about it so why bother lying about it?

Well unlike what you say, there IS a difference between both. That’s why I’m bothered to ask here.

 

[scylla]

Does CIC make difference between refugee claim and seeking asylum? In the form it ask if a refugee claim was refused. However, the applicant seemed asylum in US while inside the country. And uscis refused so it was sent to court. Then applicant left the country voluntarily without being expulsed, before court hearing. My question is is it misrepresentation if he answers no to the question since seemed asylum and didn’t make refugee claim?

Yes - that would be misrepresentation. This person needs to answer yes.

A failed asylum / refugee claim in a different country will have no impact on a Canadian PR application provided it's declared in the application. If it isn't declared, expect big problems (worst case scenario, a 5 year ban from Canada).

 

[jddd]

Well unlike what you say, there IS a difference between both. That’s why I’m bothered to ask here.

Actually seeking asylum and a refugee claim is one and the same. But if you have another definition for each then I can’t stop you.

 

[Laurahd]

Actually seeking asylum and a refugee claim is one and the same. But if you have another definition for each then I can’t stop you.

I don’t have a different definition: I searched and found they are both different. I got your opinion so you don’t have to repeat yourself.

 

[jddd]

I don’t have a different definition: I searched and found they are both different. I got your opinion so you don’t have to repeat yourself.

i repeated myself for anyone else who is reading this. I wanted them to know the definition is the same but if they are different then please educate me. What is the difference?

 

[Buletruck]

Essentially the same thing, but one has already made a claim and is waiting for determination.

https://www.unhcr.org/asylum-seekers.html

https://www.unhcr.org/what-is-a-refugee.html

As others have said, he would have to answer “yes” to your original question.

 

[jddd]

Does CIC make difference between refugee claim and seeking asylum?

Essentially the same thing, but one has already made a claim and is waiting for determination.

https://www.unhcr.org/asylum-seekers.html

https://www.unhcr.org/what-is-a-refugee.html

As others have said, he would have to answer “yes” to your original question.

Totally agree with this Buletruck. Not sure if your reply was for me but I just want to clarify that what I referred to as one and the same are seeking asylum and making a refugee claim. But if the question was the difference between seeking asylum and a refugee there is a difference.

 

[Buletruck]

Wasn’t sure where the OP was getting the definitions from so I went to the source. They are the same thing, just at different stages.

 

[Laurahd]

Thanks everyone for your input. I have passed it on to the relevant person. Here’s where the confusion was:

If an asylum claim has been rejected, the asylum seeker is said to be refused asylum, and called a failed asylum seeker.

Also, while searching, I read that an asylum seeker may be a refugee and also that both words are often confused. The intention of the applicant is not to intentionally lie like some were quick to assume.