A family moved to a third country before their son became 22 years old. Now they are applying for refugee with Group of 5 and their son is 25. The son is not mentally incapacitated so he must have his own application. The parents were under threat of persecution but the son was not and he moved with the parents to third country as he was under 22 and was financially dependent on parents. Must the son's application also show threat of persecution in his application or is he automatically associated to parents persecution case? If so, what should be the the response in the form where it asks to explain the threat against the son? Should it say read my parents forms?
For a refugee application, does non-dependent son need their own refugee case?
- Thread starter torontob
- Start date
He is associated to parents persecution case but when he will be filling the PR application form ( Refugee outside Canada), the question asking the refugee's story, he has to explain why he fled with his parents and why he can't go back home ( persecution country) now.
But he is 25years old and no application has been submitted when he was 22 for age lock-in. In my opinion, for dependant child to qualify over 22years old, both condition of mentally unfit and financial dependency must be met
They are going to be privatly sponsored as a refugee, it means they've already claimed an asylum in a third country. So the Son can be sponsored as a refugee outside who wants to be resettle in Canada but when he will fill the PR application form: he has to explain the reason which made him to flee his country with his parents and why he can't go back home.
As an adult he’ll need to show that he has also been persecuted and his life is at risk in his home country to qualify for asylum.
You read the question wrong. This is about settlement link or association and not being dependent. This 25 year old is independent.
No saying the same thing although it may not be clear. The 25 year old needs to apply for asylum as an adult and needs to show that he has grounds for asylum just like the parents. You said that the father has proof that he was under threat of persecution but not the son was not. The son will have to show that has his own proof of persecution or that his life is at risk as an independent adult versus being a dependent of the parents.
There are probably many children who ran away with parents without any threat to them specifically. The rules are probably clear on this somewhere. This doesn't make sense. The rules probably make an exception for children to not be named in threats when running away with parents but that they might be in danger of future persecution by affiliation with parents.
You still have to be able to prove that your life will be in danger based on your affiliation with your parents.