Rights and duties

Non-refoulement is the fundamental right of all refugees and asylum-seekers. You cannot be deported or sent back to a country where your life or freedom may be in danger because of your race, religion, nationality, membership of a particular social group or political opinion. Even if you enter the country without a visa or entry permit, you cannot be deported until your refugee application has been considered.

In Canada, while waiting for a decision on your asylum claim, you cannot be deported to your country of origin.

Canada also has decided not to deport people to certain countries that it believes are not safe. It updates this list of countries regularly. Even if your asylum claim is rejected and you are a citizen of one of these countries, you will not be deported.

This list of countries should be consulted at the following website for current information: www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

In general, people who enter Canada without an entry visa or without passing through an official border point can face a penalty. This penalty does not apply for people who have filed an asylum claim and are found to be refugees after consideration of their case in Canada.

According to the Universal Declaration of Human Rights, any person whose life is in danger in their own country has the right to seek protection and asylum in another country. Canada is a signatory to the 1951 Convention on the Status of Refugees and respects the individual right to claim asylum. The government has set up a system so individuals can have their asylum applications assessed and determined.

The Canadian Government is responsible for giving you an identification document to authorize your stay in the country. Everyone must be documented, regardless of age, gender or sex. Those seeking asylum will receive a document that identifies their status as an asylum-seeker in Canada that includes their picture and a unique ID number.

We all have the right to live in an environment free from discrimination, regardless of ethnicity, the colour of someone’s skin, sex, language, sexual orientation or gender identity, disability, religion, political opinion, nationality, socioeconomic position, birthplace or any other personal attributes.

The Canadian Charter of Rights and Freedoms, guarantees individuals in Canada:
• Freedom of religion, thought, expression, the press and peaceful assembly.
• The right to participate in political activities and the right to a democratic government.
• The freedom to move around and live within Canada, and to leave Canada.
• Legal rights such as the right to life, liberty and security.
• Equality rights.
• Language rights.

If you feel one of your rights has been violated, you may get help by filing a complaint in court or through a human rights commission.

For more information, please visit the website of the Canadian Human Rights Commission at: www.chrc-ccdp.gc.ca

Refugees and asylum-seekers have the same rights to public and private banking services as any Canadian. In other words, you can open a bank account, transfer funds and access all other banking services.

As a refugee, you have the right to access healthcare through the Interim Federal Health Program. You will automatically receive this coverage and proof of enrolment in the program as soon as you have been found eligible to make an asylum claim in Canada.

For more information, please visit the following website: www.cic.gc.ca/english/refugees/outside/arriving-healthcare.asp

All refugees have the right to work in Canada. You must apply for a work permit after being found eligible to make an asylum claim.

For more information, please visit the following website: www.cic.gc.ca/English/information/applications/guides/5553ETOC.asp

You can also apply for student authorization to attend school while waiting for a decision on your claim. If you have children (a child is someone under the age of 18), they will automatically be eligible to attend school when you arrive in Canada.

For more information on the application to study in Canada, please visit the following website: www.cic.gc.ca/english/information/applications/student.asp

You have the right to move freely throughout Canada and choose where you want to live. Note that you might be required to report to the governmental institutions (IRB, IRCC or CBSA) periodically, which sometimes has to be done before you are allowed to move. If these reporting obligations apply to you, make sure you review them carefully and notify the proper authorities of any change of address and phone number. This is to make sure they can contact you if there are any changes or information they need while processing your asylum claim. Please speak to your lawyer before you move to a different province if you have not had your refugee hearing at the IRB.

All refugees and asylum-seekers have the right to get legal advice and be heard, free of discrimination. If you have a legal issue needing assistance, contacting Legal Aid in your province is advisable.

Refugees may be eligible to receive social assistance benefits depending on provincial regulations.

For more information, please visit the following website: www.benefitsfinder.services.gc.ca/hm?GoCTemplateCulture=en-CA

If your asylum application was approved and you are recognized as a refugee, you have the right to apply for permanent residence in Canada immediately upon receiving your decision. You may include your dependent children and your spouse in this application for permanent residence, regardless of whether they are in Canada or not.

A refugee may apply for citizenship in Canada if they have obtained their permanent residence and have been physically present in Canada as a permanent resident for three out of the last five years with no minimum number of days per year before applying for citizenship. Days spent in Canada before becoming a permanent resident, as a temporary resident or protected person, within five years of applying for citizenship, count as half-days, up to a maximum of 1 year (365 days).

For more information on this application process, please visit the following website: www.cic.gc.ca/english/citizenship/become-eligibility.asp

Once you are officially recognized as a refugee by the Canadian Government, you have the right to include your dependent family members in your application for permanent residency.

What is family reunification?

Family reunification is a way to maintain family unity in cases where the refugee’s relatives live outside of Canada.

Which family member can be brought to the country under family reunification?
• Dependent children;
• Spouse or common-law partner*;
• Dependent child of a dependent child.

Your applications will be processed at the same time. Dependent family members must have been declared during your asylum process to be eligible, a few exceptions apply.

Suppose you, as a recognized refugee in Canada, decide not to include your dependent family members at the time of your own application for permanent residency. In that case, you will have up to one year from the date of receipt of permanent resident status to start the process for your dependents without having to meet the financial requirements of the Family Class sponsorship, but there will be a requirement to pay processing fees.

To find out how to submit your application for you and your family members, please visit the following website: www.cic.gc.ca/english/information/applications/guides/5205ETOC.asp

* In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship.