Protected Person Application
Are you a refugee or a person in need of protection?
An individual may be considered a Convention refugee if they have a well-founded fear of persecution upon returning to their country of citizenship or country of legal permanent residence. There are five forms of persecution recognized by the international community: race, religion, nationality, membership of a particular social group (e.g. gender, sexual orientation, etc.) and political opinion.
To claim refugee status, the fear of persecution must be one of these five forms. The individual must demonstrate that their country is unable or unwilling to provide them with adequate state protection.
Balanced Refugee Reform Act and Protecting Canada’s Immigration System Act
Changes to the asylum system came into effect on 15 December 2012 and are intended to improve efficiency in delivering faster decisions, deterring abuse, resettling more refugees, facilitating the adaptation to life in Canada, and removing failed refugee claimants more quickly.
Changes to the system include:
- A list of Designated Countries of Origin (DCO); these are countries which do not normally produce refugees and are pressured to respect human rights and offer state protection – processing times for claimants from these countries will be an estimated 30 – 45 days; 60 days for other claimants – for a list of DCOs, please click here.
- A new Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB), allowing 15 days to file a Notice of Appeal once the written reasons for the decision are received from the Refugee Protection Division.
- Hearings will no longer be conducted by appointed members but rather by public servant decision-makers
- Decisions on appeals are expected within 90 days, with failed claimants being removed within 12 months thereafter
- A bar on accessing pre-removal risk assessments and humanitarian and compassionate (H&C) applications for one year following a final negative IRB decision
- The Personal Information Form (PIF) has been replaced by the Basis of Claim (BOC) form
Claimants from a DCO will have their asylum claims expedited.
A person in need of protection is at risk of cruel and unusual punishment or death. The individual may also be at risk of torture, which is defined in international law as actions at the hands of the government agents or actions with which government agents were complicit.
To be deemed a person in need of protection, the individual must demonstrate that the risk they fear is personalized. It cannot be a risk faced generally by people within one’s country. Consequently, a person at risk of kidnapping or extortion because they have money or are perceived as having money, face the same risk as others with money; the risk is not personalized unless there is some characteristic that led to that person, as opposed to all other affluent people, being targeted.
For more information on the refugee determination process, please click here.
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I highly recommend Bellisimo Law group PCBellissimo Law Firm has been an incredible support for our family during one of the most challenging times. My mother faced an unexpected medical situation with no prior history just before her PR medical was requested, leaving us overwhelmed and unsure of our next steps. From the moment we met with Mario, Keely, and the team, we felt assured and in expert hands. They guided us through every step with professionalism, patience, and genuine care, especially in addressing the complex medical inadmissibility concerns. Keely’s clear guidance on the mitigation plan and the entire team's dedication made all the difference. Thanks to them, we’ve received our Passport Submission Request for PR. If you're facing an immigration challenge, particularly with medical issues, Bellissimo Law Firm is simply the best. Our deepest gratitude to the whole team for their hard work, compassion, and commitment. Thank you from our entire family!" Thanks to Mario and Keely once again for doing great work and always connecting with me with positive energy during this Journey !
Had a consultation this past week which was extremely helpful-- many answered questions, friendly staff, and prompt email communication. They made a terrifying process seem possible.
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Truly worth everything with these guys.I came in with a very complicated case and was so daunted by the whole process. Upon acquiring their services I was immediately calmed. They’re very thorough with their work and let you know exactly what they need to do. I had the pleasure of dealing with Viola Gniadek on my case a lot, and she was nothing short of superb. She handled any question or query we had quickly and promptly. All while doing so with such an amazing attitude. Not to mention she was dealing with it all with opposite sides of the world time zones!Would 110 percent recommend Bellissimo Law group for any immigration help! I tip my hat!
Good service. Lijing and her team were very supportive and put in the time and were accessible online when we needed to make urgent and speedy changes. Once the application was made, it took less than 2 weeks for approval!.
I engaged them for a PRTD case. They were brilliant, extremely detail-oriented, and knew what they were doing at every step.Not just that, the service was impeccable. I am a fussy client, and I asked many painful questions. Michelle was very kind and patient with me throughout this process.Engage them with your eyes closed. You will be in good hands!
Bellisimo Law Group, provides the best Legal Services. Their Prompt response and attention too details is awesome. I am already feeling confident and Positive with the approach and steps they have taken so far.
