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  • The Personal Information Form (PIF) has been replaced by the Basis of Claim (BOC) form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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What Our Clients Are Saying
Divya K
Divya K
I cannot express enough gratitude for the incredible support and expertise provided by Mr Mario and Keely for my dad’s medical inadmissibility case. I retained their law firm after receiving the PFL . From the very beginning, they guided us through the complexities of the immigration process with professionalism, care, and honesty. They not only helped us navigate legal challenges but also provided advice that quite literally saved my dad’s life. They prepared a strong mitigation plan for my dad’s case that worked in our favour. I was particularly impressed by their quick response time and willingness to address any concerns promptly. What sets them apart is their genuine compassion and dedication—they truly care about their clients and go above and beyond to make a difference. I would definitely recommend them to anyone with their immigration issues especially for medical inadmissibility.
dhananjay bhatt
dhananjay bhatt
We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise.Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case.We would recommend this firm to all people who want legal professional advise.
CD Sunday
CD Sunday
My spouse and I send our appreciation to the Bellissimo Immigration Law Group, in particular Viola Gniadek, who tirelessly answered all our questions, and was always encouraging and sincere. Our case was deemed to be challenging by other law firms, but the Bellissimo team communicated with us like proper yet kind professionals. With their help, we obtained approval in less than four months, even as we were told it may take about a year of review. Our thank you and well-wishes again to Viola and the Bellissimo group. Cheers!
Nancy Quick
Nancy Quick
I contacted Bellissimo Immigration Law Group after researching the best options for my move to Canada. The firm was highly recommended and my experience with them confirms that they earned their excellent reputation.The team at Bellissimo was thorough and professional. My questions were answered promptly, and they processed my application for a Certificate of Canadian Citizenship resulting in receipt of my certificate much sooner than expected.During my career in Finance and Administration I had very high standards for those providing services to the companies I worked with. Special recognition to Amanda D'Angelo and Hannah Cho. They exceeded my expectations!I have recommended Bellissimo to friends - and I will be working with them again as my family explores immigration options.
Abeer Malik
Abeer Malik
Initial consultation was very good. I will retain them for my immigration matter.
Adair Donohue-Miller
Adair Donohue-Miller
Immigration law is so complex. I got all my questions answered, and then even more helpful information than expected regarding other suitable options for our situation. The call was quick but thorough. It covered all necessary steps, and I finished the call with clarity and peace of mind knowing we had fantastic options available to us. It's hard to put a price tag on peace of mind!
CHERRIE CHAWLA
CHERRIE CHAWLA
I had a Zoom consultation with Mr. Bellissimo, and he was incredibly kind and professional. He took the time to explain my case thoroughly and provided valuable insights. I truly appreciated his honesty in advising me that I didn’t need to hire his team since my case was straightforward. Highly recommend for anyone seeking genuine and knowledgeable legal advice!
Shiv Shankar
Shiv Shankar
Voila has assessed my case in professional way and provided us with the best possible solutions.I highly appreciate their professionalism and recommend for Immigration related assistance.
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