Can u apply for asylum in Canada if your asylum is denied in USA

[Montee99]

Please can my wife and I apply for asylum in Canada as our asylum is denied in the USA due to president Trump's fight to stop refugee and people from seeking any sort of protection here..they have been trying to reduce number of asylum seekers...
And we can't afford to go back to Nigeria cos one of my family member has been probably killed because of my disappearance from the country and the minute we go back we definitely are going to be killed.we were asked to reapply but the lawyer keeps charging alot of money and said there is no guarantee cos of the present government and we really need your help on this.... And we have a valid USA visa.

 

[russ6970]

You can try, but you have to give real evidence that you and your family has been persecuted or your life is in danger. Just saying it doesn't work. What did you put in the US application for asylum. Be aware though, as you have been denied, it may look like asylum shopping now.

 

[vensak]

Additionally if you Asylum claim was denied you might find out that your USA visa was cancelled as well and you were asked to leave the country.
In order to claim asylum in Canada (to put down the application) you need to be in one of the following situation:
1. to be already in Canada. But in order to get here you will need a valid visum to enter the country and most likely because of your failed claim in USA visa application to Canada will be most likely rejected.
2. to fill asylum claim on the border with USA, but you can only do it if you have relatives in Canada, otherwise you will be sent back to USA to apply.

And yes chances to succeed are not good. So far I know USA does accept refugees and is still granting asylum claims for some . There is only an illusion that Canada is more lenient there. They will check your story and several things will play against you:
1. your failed asylum claim in USA which you did not decide to appeal (which you actually still can).
2. Amount of time that you are abroad already. The longer you are outside your country the more difficult is it to prove that specifically you are threatened by life in your country (subjective fear).

 

[Montee99]

My asylum based on Religious persecution and also I got myself involve with the biafran group and it's a long story but am here legally with a valid visa and my 6 months stay will elapse in november.i was jus denied asylum a week ago but the lawyer said the process might take a long time if we re apply and the monetary aspect of it will be high but i have a recent eveidence of my brother that was kidnapped and probably killed now because it's in the papers but my fear is if I reapply here I might still be denied because they didn't even refer us to any judge even with all the little evidence I have.

 

[Montee99]

And I also have a blood sister in Canada right now

 

[Montee99]

You can try, but you have to give real evidence that you and your family has been persecuted or your life is in danger. Just saying it doesn't work. What did you put in the US application for asylum. Be aware though, as you have been denied, it may look like asylum shopping now.

My asylum based on Religious persecution andalso I got myself involve with the biafran group and it's a long story but am here legally with a valid visa and my 6 months stay will elapse in november.i was jus denied asylum a week ago but the lawyer said the process might take a long time if we re apply and the monetary aspect of it will be high but i have a recent eveidence of my brother that was kidnapped and probably killed now because it's in the papers but my fear is if I reapply here I might still be denied because they didn't even refer us to any judge even with all the little evidence I have.

 

[Montee99]

Additionally if you Asylum claim was denied you might find out that your USA visa was cancelled as well and you were asked to leave the country.
In order to claim asylum in Canada (to put down the application) you need to be in one of the following situation:
1. to be already in Canada. But in order to get here you will need a valid visum to enter the country and most likely because of your failed claim in USA visa application to Canada will be most likely rejected.
2. to fill asylum claim on the border with USA, but you can only do it if you have relatives in Canada, otherwise you will be sent back to USA to apply.

And yes chances to succeed are not good. So far I know USA does accept refugees and is still granting asylum claims for some . There is only an illusion that Canada is more lenient there. They will check your story and several things will play against you:
1. your failed asylum claim in USA which you did not decide to appeal (which you actually still can).
2. Amount of time that you are abroad already. The longer you are outside your country the more difficult is it to prove that specifically you are threatened by life in your country (subjective fear).

My asylum based on Religious persecution andalso I got myself involve with the biafran group and it's a long story but am here legally with a valid visa and my 6 months stay will elapse in november.i was jus denied asylum a week ago but the lawyer said the process might take a long time if we re apply and the monetary aspect of it will be high but i have a recent eveidence of my brother that was kidnapped and probably killed now because it's in the papers but my fear is if I reapply here I might still be denied because they didn't even refer us to any judge even with all the little evidence I have.and my blood sister also reside in Canada

 

[russ6970]

Yes but can you PROVE it? I'm not doubting you but you have to convince the CIC

 

[Montee99]

Yes but can you PROVE it? I'm not doubting you but you have to convince the CIC

Yes I can..I got some few evidence. So can I get to Canada?

 

[russ6970]

Yes you can certainly try, but as vensek said, your chances are low considering you were denied by the US. What reason did they give for the denial?

 

[Montee99]

Yes you can certainly try, but as vensek said, your chances are low considering you were denied by the US. What reason did they give for the denial?

They said there isn't enough evidence but like I said I have new evidence but am jus too scared of putting it in for reapplying and get denied here again thats why I wanted to try in Canada...where I believe I can be given a fair hearing

 

[russ6970]

What is your new evidence? To be honest, you will probably get the same hearing in Canada than you got in the US.

 

[9990]

According to IRB statistic from Jan to Jun 2018 acceptance rate of Nigerian is 38.5%.

 

[carolbb23]

What is your new evidence? To be honest, you will probably get the same hearing in Canada than you got in the US.

but us and canada share information

 

[Blessed Unicorn]

Montee99, I would strongly advise you do not file a refugee claim if you don't have strong evidence to your claims. The refusal rate for Nigeria is really high as most of these claimants fail to discharge a burden of proof. You don't have to take my word for it, just my two cents.