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Definitions
Refugees abroad
Convention Refugee Abroad
Person in the Country of Asylum Class
Person covered by section 18 c) iii) of the Regulation respecting the selection
of foreign nationals
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.
Person covered by section 18 c) iii)
of the Regulation respecting the selection of foreign nationals
A person who is the subject of a collective sponsorship is examined in light
of this section once it has been established that he or she does not belong
to any of the above categories.
To be considered in this respect, you must warrant humanitarian consideration
on the ground that your physical safety would be threatened, especially because
of the risk of imprisonment, torture or death, if you were unable to come to
Québec.
Note: The Gouvernement du Québec is responsible for
determining if a candidate is covered by section 18 c) iii) of the
Regulation respecting the selection of foreign nationals. The Government of
Canada levies fees to process applications selected by Québec in this
category.
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 their parent’s spouse or de facto spouse; or the adopted
child of either parent.
This child must be :
- he/she is less than 22 years old, and 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 a
parent, and
- is 22 years of age or older, is studying full-time*, and is neither
married nor a de facto spouse; or
- became a spouse or de facto spouse before the age of 22, and is
a full-time student*; or
- is 22 years of age or older, and has been unable to support himself/herself
at least since his/her 22nd birthday, owing to a physical
or mental disability.
This definition also extends to the child of a dependent child.
* In order to be considered a full-time student, the child must be enrolled
on a continuous basis in a postsecondary institution that is accredited by
the relevant government authorities; must be attending this institution; and
must have been actively taking academic, professional, or vocational training
courses there on a full-time basis and without interruption at least since
his/her 22nd birthday, or since the date on which he/she married or became
a de facto spouse.
Guarantor
Other term used to designate the sponsor, especially in legal documents and
regulatory forms.
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