Canada’s Refugee Protection Framework: A Legal Overview

Canada is globally recognized for its humanitarian tradition and its commitment to refugee protection. Under the Immigration and Refugee Protection Act (IRPA), individuals may be granted asylum if they are either:

• Refugees – individuals with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group; or
• Persons in Need of Protection – individuals facing a substantial risk of torture, death, or cruel and unusual treatment upon return to their home country.

Claims are adjudicated by the Immigration and Refugee Board of Canada (IRB), specifically through its Refugee Protection Division (RPD). This process involves multiple procedural steps, strict timelines, and legal standards of proof. Even minor procedural errors or delays can result in a claim being refused.

At Ardent Law Group, we provide comprehensive representation to ensure your claim is prepared with precision and advocated with persuasive clarity.

Our Legal Services: Guiding You from Claim to Appeal

1. Refugee Claim Preparation

We support clients from the earliest stage of the claim process, including:

• Basis of Claim (BOC) Drafting:This foundational document articulates the grounds of your claim. We work closely with you to ensure your BOC is factually accurate, legally sound, and supported by credible documentation.
• Document Procurement: Our legal team assists in gathering critical evidence such as police records, medical documentation, human rights reports, and affidavits from witnesses ensuring a well substantiated claim.
• Strategic Advisory:We provide legal analysis on the risks and prospects of your claim based on current IRB jurisprudence and country condition reports.

2. Representation at the RPD Hearing

Your hearing before the RPD is the most critical juncture in the refugee determination process. Our lawyers:

• Present your case persuasively before the adjudicator
• Anticipate and respond to evidentiary challenges
• Cross examine where necessary to clarify or reinforce key elements of your narrative

3. Culturally Competent Advocacy

We are proud to offer representation from a multilingual and culturally diverse team, ensuring your unique circumstances are conveyed authentically and respectfully.

Refugee Appeals and Judicial Review: Pursuing Legal Remedies after a Denial

A negative decision by the RPD is not necessarily final. Claimants may appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the RPD decision, with a requirement to submit the full appeal record within 45 days.

At Ardent Law Group, our appellate services include:

• Appeal Ground Identification: We conduct an in depth review of the RPD’s reasoning to identify errors in law or fact, as well as any breaches of procedural fairness.
• Submission of Fresh Evidence:Where appropriate, we advise on the admissibility and strategic use of new evidence that was not available at the initial hearing.
• Preparation of RAD Memoranda and Legal Submissions: Our appellate submissions are meticulously prepared to meet the high standards of administrative law advocacy.

Should the RAD uphold the RPD decision, we can pursue a Judicial Review at the Federal Court of Canada a further opportunity to challenge decisions that are legally or procedurally deficient.

Why Ardent Law Group?

Choosing the right counsel in immigration and refugee matters is paramount. Our firm distinguishes itself through:

• Specialized Expertise Refugee law is a complex and evolving field. Our lawyers possess deep knowledge of Canadian refugee jurisprudence, country-specific legal frameworks, and international human rights instruments.
• Track Record of SuccessOur history of favorable outcomes at both the RPD and RAD levels is a testament to the diligence and skill we bring to every case.
• Client Centered Approachwe offer a discreet, empathetic, and respectful legal environment where your voice is heard and your concerns are prioritized.
• Local Insight with National ReachBased in Calgary, Alberta, we understand the procedural practices of local IRB offices while leveraging nationwide immigration legal resources and precedents.

Act Without Delay: Protect Your Rights and Future

Time is of the essence in refugee proceedings. Delays in filing your BOC, appealing a decision, or applying for judicial review can have irreversible consequences including removal from Canada.

If you are seeking protection in Canada or have received a negative decision on your refugee claim, contact Ardent Law Group immediately. Our team of Calgary immigration lawyers will provide timely, strategic, and compassionate legal representation to safeguard your right to remain in Canada.