Asylum

What Is Asylum Under Canada Law?

This page tells you what the political asylum application process in the Canada entails and details related to how to apply for asylum in Canada. The terms asylum and and refugee are sometimes used interchangeably but in fact an application for asylum is filed in the Canada, whereas a refugee applies while outside the borders.

Can an asylum lawyer help you in this area?

Absolutely! Because the canada political asylum law is incredibly complicated and susceptible to change, you are far better off having an asylum lawyer in your corner who knows the details of how the law works and if you qualify. Our office has years of experience regarding applying for asylum, so call us now to start or get help with an ongoing process!

Do You Qualify For Asylum Under Canada Law?

A foreign national may apply for political asylum within the Canada if he/she/they is/are physically present within Canada or at the border or a port of entry, and if he/she/they meets the definition of a refugee as defined by the law. The law defines refugee as any foreign national outside of his homeland who is unwilling or unable to return to his home country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

What Is Considered “Persecution” Under Canada Asylum Law?

The term ”persecution” is not defined by law Despite the general consensus surrounding the fact that persecution is marked by the extremity and the infliction of suffering or harm upon those who differ, it encompasses an extensive range of actions. For this reason, “persecution” is determined on a case-by-case basis and is fundamentally fact-dependent.

Actions that typically constitute persecution include:

• Genocide
• Slavery
• The extrajudicial killing of individuals
• Physical violence (some physical violence, especially when unrelated to a particular
• Threat, may be insufficient to constitute persecution)
• Torture and other cruel and inhumane treatment
• Threats (vague, unspecified, anonymous threats may not amount to persecution)
• Detention and/or confinement
• Substantial economic deprivation (mere economic deprivation alone does not rise to the level of persecution)
• Discrimination and harassment (when in combination with other harms, this may be Sufficient to establish persecution)

Persecution, by its very nature, possesses a subjective character and thus, whether a particular action or threat amounts to persecution will ultimately depend on the circumstances of each case.
What may constitute persecution in one case may not necessarily be deemed persecution in light of another application.Despite the various forms persecution may take, in order for an applicant to be eligible for political asylum, the source of his or her persecution must be the government, or people or groups the government is unwilling or unable to control.