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Definitions

Refugees abroad
Convention Refugee Abroad
Person in the Country of Asylum Class

Refugees in Canada
Convention Refugee
Person in Need of Protection

Other definitions
Family member
Spouse
De facto spouse
Dependent children
Guarantor

Refugees abroad

Convention Refugee Abroad (Geneva Convention)

To be considered in this category, you must satisfy all of the following conditions:

  • you must be outside the country of which you are a national or, if you have no nationality, outside the country of habitual residence
  • you must have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinions
  • in light of this fear, you are unable or unwilling to avail yourself of the protection offered by this country or to return to this country
  • you must be in a situation where no lasting solution can be found within a reasonable amount of time.

Note: The Government of Canada is responsible for determining if a candidate is a Convention Refugee Abroad (Geneva Convention).

Person in the Country of Asylum Class

To be considered in this class, you must satisfy all of the following criteria:

  • you must be outside Canada and the country of which you are a national or in which you have your habitual residence
  • you must have suffered and continue to suffer serious personal consequences incurred as a result of civil war, an armed conflict, or a massive human rights violation in the country of which you are a national or the country of habitual residence
  • you must be in a situation where no lasting solution can be found within a reasonable amount of time
  • you must the subject of a collective sponsorship.

Note: The Government of Canada is responsible for determining if a candidate belongs to the Country of Asylum Class.

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Refugees in Canada

Convention Refugee

To be considered a Convention Refugee, you must demonstrate to the satisfaction of the Immigration and Refugee Board that:

  • you are outside the country of which you are a national or, if you have no nationality, outside the country in which you habitually reside
  • you have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinions
  • in light of this fear, you are unable or unwilling to avail yourself of the protection offered by this country or to return to this country.


This status is determined by the Immigration and Refugee Board (IRB).

Person in Need of Protection

To be considered a person in need of protection, you must be covered by the Convention against Torture or be at risk of cruel and unusual treatment or punishment as defined in the Immigration and Refugee Protection Act.

This status is determined by the Immigration and Refugee Board (IRB) or by the Minister of Citizenship and Immigration Canada (CIC) following a Pre-Removal Risk Assessment (PRRA). Note that persons in need of protection are granted equal protection by Canada as Convention refugees and have access in Québec to the same government services as Convention refugees.

Other definitions

Family member

This means:

  • a spouse or de facto spouse who is at least 16 years of age;
  • a dependent child and, if applicable, a child’s dependent child.

Spouse

A married person of at least 16 years of age who:

  • was not , at the time of marriage, the spouse of another person;
  • is not the de facto spouse of another person while living apart from his or her spouse for at least one year.

De facto spouse

A person at least 16 years of age of the same or the opposite sex who has:

  • been living maritally for at least one year with the sponsor or the principal sponsored person;
  • had a marital relationship for at least one year with the sponsor or the principal sponsored person but who may not live with him or her because of persecution or penal control

Dependent child

The biological offspring of either parent, who has not been adopted by any person other than the spouse or de facto spouse of one of his/her parents; or the adopted child of one or the other parent.

One of the following situations applies to this child:

  • he/she is under 22 years of age, and is neither married (he/she is single, widowed, or divorced) nor a de facto spouse; or
  • he/she is still substantially dependent on the financial support of one or the other parent, and is 22 years of age or over and, at least since his/her 22nd birthday, has been unable to support himself/herself owing to a physical or mental disability.

This definition also extends to the child of a dependent child

Guarantor

Other term used to designate the sponsor, especially in legal documents and regulatory forms.

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Last modification : 2017-10-20
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