Refugee claim inside Canada VS port of entry

[Edd77]

Hi everyone,
I've applied for business visa and I got it for a year and multi-entry.
The question is which is better to do? Apply for asylum at the airport or inside Canada?
Can anyone tell me the pros and cons of each one?

I'm from Iraq and I'm traveling to Montreal, Canada real soon.
If I applied inside Canada, what would be the first steps to be done? and which is the best city to apply for asylum?

Your prompt replies are highly appreciated.

Cheers!

 

[CanadianForces]

If you are coming to Canada with the intention of applying for refugee Status, then I would advise you to do so at the Point of entry (airport).
The reason I am saying this is because if you want to use your visa to enter Canada first and then apply for refugee status, and if for some reason you are denied entry you may not be able to make a refugee claim.

If you decide to apply for refugee at the airport, the very first thing you should tell the immigration officer should be "I want to make a refugee claim in Canada".
Be very brief as you don't have to provide any detail at that point. Remember that anything you say will be recorded for further use at your hearing.

After you have told the officer that you want to apply for refugee status, you will be given a form that you have to complete and submit to the Immigration and Refugee Board within 15 days.
At the day of your hearing, the information you will provide in this form will be canvassed at length. The information in this form should much the information from your visa application as well as anything you would tell the officer at the point of entry. Consistency is the key here.

As for which city is better for you to make refugee claim, I don't think there is such thing. You are standing the same amount of chance everywhere in Canada.

 

[Edd77]

Thanks for your prompt reply and great to hear from you.

I’ve got some questions to ask you:
-What do you mean by “ if for some reason you are denied entry you may not be able to make a refugee“ How could this happen? Could you explain more, please?
- When to ask the immigration officer? Before or after they stamp on my VISA?
- Where am I going to stay during this period?
- Have you got any other ideas you recommand me to do?

Cheers!

 

[scylla]

I'll help with a few of your questions:

- Having a business visa doesn't guarantee you will be allowed into Canada by immigration. It's possible to be refused entry and sent back home if the officer for some reason believes you are not going to follow the conditions of your visa.
- Where you stay during these 15 days will be up to you.

 

[Edd77]

Thanks scylla for your reply.

My concerns are not whether I will or won’t be allowed into Canada. My concerns are to get granted as a refugee by choosing an easier way weather at the airport or inside Canada that’s why I’m asking what are the cons and pros of each way?

Cheers! ;D

 

[CanadianForces]

OP, YOu have to tell the immigration officer that you want to make a claim for asylum before you even handle them your passport. So, when they ask you for ID, then you can handle them your passport.

I will get back to you later to address the other issues you have raised.

 

[ghonghadze]

Thanks scylla for your reply.

My concerns are not weather I will or won’t be allowed into Canada. My concerns are to get granted as a refugee by choosing an easier way weather at the airport or inside Canada that’s why I’m asking what are the cons and pros of each way?

Cheers! ;D

Mate are you Refugee or visitor ? make up your mind....

 

[Edd77]

Thanks CanadianForces for your reply.

So you were recommanding me to claim asylum at the airport incase I won’t be able to get into Canada not because it’s more effective or better than claiming inside Canada.
I really understand your concerns, but I was looking for the pros and cons of claiming asylum at the airport and inside Canada and which one is better and faster to get refugee status?

Cheers!

 

[scylla]

Thanks CanadianForces for your reply.

So you were recommanding me to claim asylum at the airport incase I won’t be able to get into Canada not because it’s more effective or better than claiming inside Canada.
I really understand your concerns, but I was looking for the pros and cons of claiming asylum at the airport and inside Canada and which one is better and faster to get refugee status?

Cheers!

Your question has already been answered. Whether you do it at the airport or inside of Canada makes no difference. The process is the same.

Whether you will succeed or not will depend on the strength of your refugee claim and the supporting evidence you can provide.

 

[ghonghadze]

I think he is not a Refugee and should be sent home.!!! Refugees do not ask when and where to claim status... they claim as soon as it is possible..

 

[Edd77]

Well said CanadaForces.

Sorry to bother you mate, but if I were a refugee before, I wouldn’t be here from the first place and wouldn’t ask so many questions. lol

As you said there is no difference in the process. Only my situation will be different.
Am I going to be detained in either cases?


Cheers!

 

[scylla]

Well said CanadaForces.

Sorry to bother you mate, but if I were a refugee before, I wouldn’t be here from the first place and wouldn’t ask so many questions. lol

As you said there is no difference in the process. Only my situation will be different.
Am I going to be detained in either cases?


Cheers!

No - you won't be detained.

 

[CanadianForces]

Well said CanadaForces.

Sorry to bother you mate, but if I were a refugee before, I wouldn’t be here from the first place and wouldn’t ask so many questions. lol

As you said there is no difference in the process. Only my situation will be different.
Am I going to be detained in either cases?


Cheers!

Bro, feel free to ask any question you have. Please don't feel intimidated given that it is your future that is at stake here.

Okay, there is a well-established principle to the effect that any person having a well-founded fear of persecution should claim refugee protection in Canada as soon as he or she arrives in the country, if that is his or her intent. Any delay in claiming refugee protection is an important factor which the Refugee Board may take into consideration in its analysis. Such a delay indicates a lack of a subjective fear of persecution, since there is a presumption to the effect that a person having a well-founded fear of persecution will claim refugee protection at the first opportunity

If you decide to make your refugee claim in Canada, I would advise you to do it as soon as possible. You can go to a local immigration office the next day after your arrival date and ask for instructions on how to make a refugee claim. They will give you the address of the office where you should go to make your claim. When you report to the office where you should make your refugee claim, you can be processed the same day or they can give you a date to return. At this office, your refugee file number will be created. You will be given the form to fill will all the relevant information in regard to your claim. That form should be delivered to the Immigration Refugee Board within 15 days.


Feel free to post any question you may have. We will do our best to assist you.

 

[CanadianForces]

Why are some people detained and what happens after someone is detained?

The decision to detain someone is made by immigration officials of the Canada Border Services Agency (CBSA).

The CBSA may detain a foreign national or permanent resident if it has reasonable grounds to believe the person:
is unlikely to appear for an immigration appointment, hearing or removal;
is a danger to the public;
is inadmissible on security grounds or for violating human or international rights, or
has not established her or his identity to the satisfaction of the CBSA (only applies to foreign nationals, not permanent residents).

After someone is detained, the CBSA must bring the person before the Immigration Division (ID) of the IRB within 48 hours (or as soon as possible afterwards) to have the reasons for the detention reviewed. Should the ID member (decision-maker) order that detention continues, the next detention review is held within seven days; subsequent detention reviews are held within every 30 days thereafter.
If the ID member finds that there is no longer reason under the Immigration and Refugee Protection Act (IRPA) to continue detention, the member will order the person released, with or without terms and conditions. Terms may include, for example, posting a security deposit or reporting on a regular basis to a CBSA office.


http://www.irb-cisr.gc.ca/Eng/FindRech/Pages/faq.aspx#id

 

[Edd77]

Thanks for the great efforts CanadianForces and scylla.

I almost forgot to tell you that my sister in law has already applied for a refugee status for my wife this year within IOM program. My wife was given a case number because she is the principle claimant (my kids and I are included in this case) and her file hasn't been activated since then and we haven't been scheduled for any interview.
Has this something to do wrong upon my refugee claim in Canada? If so, what should I do?

All the best.