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Person in need of protection

Person in need of protection

Person in need of protection

To get refugee protection, a claimant must prove they are either a Convention refugee or a person in need of protection. A person in need of protection is someone who would likely face at least one of these things if they are forced to return to their home country:

  • torture
  • a risk to life
  • a risk of cruel and unusual treatment
  • a risk of cruel and unusual punishment.

In the last three situations of risk, they must show all of the following:

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All taxonomy terms:

All taxonomy terms: Can an H&C applicant make a refugee claim?

All taxonomy terms: Is it possible to make an H&C application and a refugee claim at the same time?

All taxonomy terms: What are some of the differences between an H&C application and a refugee claim?

All taxonomy terms: What happens after an H&C application is made?

All taxonomy terms: Other evidence of an H&C applicant's situation

All taxonomy terms: Reports and records

All taxonomy terms: Letters

All taxonomy terms: What kind of evidence supports an H&C application?

All taxonomy terms: How does an H&C applicant show they are settled in Canada?

All taxonomy terms: What does "best interests of a child" mean?

All taxonomy terms: Humanitarian and compassionate reasons

All taxonomy terms: Who decides H&C applications?

All taxonomy terms: What if an applicant is not entitled to an automatic stay of removal?

All taxonomy terms: Will an applicant be allowed to stay in Canada until the Federal Court decides the case?

All taxonomy terms: What happens if an applicant is successful in Federal Court?

All taxonomy terms: What is the difference between a judicial review and an appeal?

All taxonomy terms: What if an applicant has missed a time limit?

All taxonomy terms: What are the time limits for filing a leave application in the Federal Court?

All taxonomy terms: How does someone apply to the Federal Court for judicial review?

All taxonomy terms: Challenging a decision in Federal Court

All taxonomy terms: What does the Refugee Appeal Division do in deciding an appeal?

All taxonomy terms: What is the process if the Minister is appealing the decision?

All taxonomy terms: What happens if a claimant misses a time limit?

All taxonomy terms: Can a claimant who is appealing submit new evidence?

All taxonomy terms: The steps in the appeal process when the claimant is appealing

All taxonomy terms: What happens in an appeal and who participates?

All taxonomy terms: About the appeal process

All taxonomy terms: What happens at the end of the hearing?

All taxonomy terms: Answering questions at the hearing

All taxonomy terms: What if the claimant does not speak English or French?

All taxonomy terms: Who will be at the hearing?

All taxonomy terms: What documents should the claimant bring to the hearing?

All taxonomy terms: What if the claimant's lawyer cannot attend on the hearing date?

All taxonomy terms: Can the hearing date be changed?

All taxonomy terms: When does the hearing take place?

All taxonomy terms: Gathering documents

All taxonomy terms: Deadlines for filing documents

All taxonomy terms: Making applications before the hearing date

All taxonomy terms: What if the claimant's documents are not in English or French?

All taxonomy terms: What if the claimant has witnesses who can support the case?

All taxonomy terms: Forms

All taxonomy terms: Fees

All taxonomy terms: Timelines

All taxonomy terms: Making changes after the application is submitted

All taxonomy terms: Sending in the application and waiting

All taxonomy terms: Inadmissibility

All taxonomy terms: Proof of identity

All taxonomy terms: Help to cover the costs of bringing family members to Canada

All taxonomy terms: Listing and including family members in the application

All taxonomy terms: Applying for OHIP

All taxonomy terms: What is a refugee protection hearing?

All taxonomy terms: How does a claimant amend or change the form?

All taxonomy terms: What documents need to be attached to the form?

All taxonomy terms: About the claimant's and interpreter's declarations

All taxonomy terms: Tips – PREVIOUS PROTECTION CLAIMS section

All taxonomy terms: Tips -- YOUR FAMILY section

All taxonomy terms: Tips -- WHY YOU ARE CLAIMING REFUGEE PROTECTION section

All taxonomy terms: Tips -- WHO YOU ARE section

All taxonomy terms: Getting ready: Preparing to fill out the form

All taxonomy terms: When and how does a claimant file the form?

All taxonomy terms: Does every claimant have to complete the form?

All taxonomy terms: What is the Basis of Claim Form?

All taxonomy terms: Requirement to report

All taxonomy terms: No right to a travel document

All taxonomy terms: Longer wait to apply for resident status

All taxonomy terms: No appeal to the Refugee Appeal Division

All taxonomy terms: Being detained as a designated foreign national

All taxonomy terms: What is an 'irregular arrival'?

All taxonomy terms: Restrictions on right to a work permit

All taxonomy terms: Less time to prepare for the hearing

All taxonomy terms: Coming from a designated country of origin

All taxonomy terms: Where can someone get help if they are facing an application for cessation or vacation?

All taxonomy terms: What if a refugee has become a Canadian citizen?

All taxonomy terms: What is a vacation order?

All taxonomy terms: What is a cessation order?

All taxonomy terms: Can a refugee's status be taken away?

All taxonomy terms: How can front-line workers help?

All taxonomy terms: Who can be a designated representative?

All taxonomy terms: What is the role of a designated representative?

All taxonomy terms: How can front-line workers help vulnerable people?

All taxonomy terms: What are 'procedural accommodations'?

All taxonomy terms: What is a 'vulnerable person'?

All taxonomy terms: Are there any situations when the 'one-year bar' does not apply?

All taxonomy terms: Can a refugee claimant who is not accepted make an H&C application?

All taxonomy terms: What are the dangers of withdrawing a refugee claim?

All taxonomy terms: When can a refugee claimant make an H&C application?

All taxonomy terms: What is a humanitarian and compassionate (H&C) application?

All taxonomy terms: Social assistance for refugee claimants

All taxonomy terms: Work permits for refugee claimants

All taxonomy terms: What rights do children have to attend school?

All taxonomy terms: Health care for refugee claimants

All taxonomy terms: What if a claimant has been found ineligible for a hearing?

All taxonomy terms: Who is not eligible for a refugee protection hearing?

All taxonomy terms: When is the decision made?

All taxonomy terms: Who decides if a claimant is eligible for a hearing?

All taxonomy terms: What happens at the eligibility interview?

All taxonomy terms: What information do the forms ask for?

All taxonomy terms: How does someone who is already in Canada make a claim?

All taxonomy terms: Where can claimants get help if they are thinking of coming to Canada from the US?

All taxonomy terms: What happens when someone makes a claim at a Canada‑US border crossing?

All taxonomy terms: Are there exceptions to the rule?

All taxonomy terms: What is the 'safe third country' rule?

All taxonomy terms: Can a claimant avoid losing the right to make their claim?

All taxonomy terms: What can a claimant do if the claim has been declared abandoned?

All taxonomy terms: What happens at a special hearing?

All taxonomy terms: Special hearings

All taxonomy terms: What happens after the forms have been completed?

All taxonomy terms: What questions are asked in the interview?

All taxonomy terms: What happens at the interview with Canada Border Services Agency?

All taxonomy terms: Making a claim at a Canadian port of entry

All taxonomy terms: Who decides the claim?

All taxonomy terms: Where and when can a person make a claim?

All taxonomy terms: Person in need of protection

All taxonomy terms: Convention refugees

All taxonomy terms: The need for legal help