What’s the difference between being a refugee and refugee claimant? A lot. In this article, we explore both statuses to help you better understand where they fit into our world today as well as their differences from one another!
What is a Refugee?
The 1951 Refugee Convention defines a refugee as a person who has fled their country because of a well-founded fear of persecution on one of five grounds: race, religion, nationality, membership of a particular social group, or political opinion.
Refugees differ from Internally Displaced People for the sheer fact that they are outside of their countries. Typically, resettled refugees come as government-sponsored or privately sponsored people. They are screened abroad and gain permanent residency status (PR) upon arrival in Canada. This includes government-assisted refugees (GARs) and resettled refugees. These groups of people commonly have a large amount of support for settlement and employment as soon as they arrive in the country. This includes the same federal support that any permanent resident or citizen would get, like health and housing services.
Canada is a welcoming country that has welcomed many immigrants and refugees. To be eligible for resettlement here, you must first apply with the United Nations Refugee Agency (UNHCR) which will identify your private sponsors.
What is a Refugee Claimant?
On the other hand, a refugee claimant is a person who has fled their country and is asking for protection in another country as it has been deemed unsafe to return to their home country. In Canada, refugee claimants seek Canada’s protection at our borders, or at an inland office within the country. From there, they are assessed and deemed eligible to pursue a claim.
Refugee claims are determined by a process called the refugee claim process, or refugee determination process. This process can take up to 4 months. After journeying through this lengthy process, their status is then determined by the Immigration & Refugee Board of Canada (IRB) and a claimant may receive status as a protected person.
The term asylum seeker is also used to refer to refugee claimants. However, the Canadian Commission for Refugees (CCR) promotes the use of “refugee claimant”.
“Using a term that includes “refugee” helps to highlight the commonalities between refugee claimants and resettled refugees. Conversely, omitting the term “refugee” can reinforce misperceptions that refugee claimants are not refugees or are less deserving of Canada’s protection.”
“In fact, most refugee claimants are refugees, as we find out through the refugee determination process: they don’t become refugees because we say they are – they already are refugees before we find it out.” (source)
It is important to know the difference between the terms refugee and refugee claimant to understand the different challenges each group of people faces. Many refugee claimants arrive at our office doors without status and access to many services such as work permits or healthcare.
Who Can Make A Refugee Claim?
A person must be in Canada and not subject to a removal order before they can make a refugee claim. If you’re outside Canada, you may be eligible to resettle in Canada as a refugee or immigrate to Canada through one of the programs.
Eligibility
If you want to make a refugee claim, the government will decide if it can be referred for an immigration hearing by way of the Immigration and Refugee Board. This independent tribunal makes decisions on all matters related to refugees in Canada.
It’s important to know that your refugee claim may not be eligible for referral if you:
- Are Recognized As A Convention Refugee By Another Country That You Can Return To
- Were Granted Protected Person Status In Canada
- Arrived Via The Canada–United States Border
- Have Made A Refugee Claim In Another Country, As Confirmed Through Information-Sharing
- Are Not Admissible To Canada On Security Grounds Or Because Of Criminal Activity Or Human Rights Violations
- Made A Previous Refugee Claim That Was Not Found Eligible
- Made A Previous Refugee Claim That Was Rejected By The IRB
- Abandoned Or Withdrew A Previous Refugee Claim
The IRB decides who is a Convention refugee or person in need of protection.
Convention refugees no longer reside in their home country or the location they primarily live in. The reasoning is based on either one or a combination of factors including:
- Race
- Religion
- Political Opinion
- Nationality
- Being Part Of A Social Group, Such As Women Or People Of A Particular Sexual Orientation
Those who can’t return to their home country in a safe and protected way for fear of the following are considered a person in need of protection.
- Danger Of Torture
- Risk To Their Life
- Risk Of Cruel And Unusual Treatment Or Punishment
The IRB website has more information on making an asylum claim in Canada.
Safe Third Country Agreement
Canada has a policy with the United States that requires claimants to first seek asylum in the country where they arrived.
The U.S has an agreement with Canada that says people who want to make a refugee claim must do so in the first safe country they arrive at; however, there are some cases where this rule does not apply (for example if you have family here). Entering Canada from the U.S at an airport is not covered by The Safe Third Country Agreement.
Knowing Where to Start
To sum it up, a refugee is someone who has been forced to flee their country because of persecution, war, or violence. A refugee claimant is someone who makes a claim for refugee protection from inside Canada. COMPASS Refugee Centre can help provide assistance and point refugee claimants in the right direction. COMPASS understands the difficulty a new country brings and is here to help.
COMPASS helps advocate and bring awareness to the many significant obstacles of refugee claimants. Whether it is preparing for a hearing, finding community resources, or emotional support, COMPASS is here.