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Definitions

Refugees abroad
Convention refugee outside Canada
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 outside Canada

To be considered in this category, you must meet all the following criteria:

  • You are outside the country of your nationality or, if you have no nationality, outside the country where you have your habitual residence.
  • You have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group or political opinion.
  • Because of this fear, you cannot or will not seek the protection of this country or return to this country.
  • You are in a situation where no sustainable solution can be found within a reasonable time.

Note: The Government of Canada is responsible for determining whether a candidate is a Convention refugee.

Person in the Country of Asylum Class

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

  • You are outside Canada and your country of nationality or habitual residence.
  • You have suffered and continue to suffer the serious and personal consequences of a civil war, armed conflict or massive human rights violation in your country of nationality or habitual residence.
  • You are in a situation where no sustainable solution can be found within a reasonable time.
  • You are the subject of a collective sponsorship.

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

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Refugees in Canada

Convention refugee

To be considered in this class, you must demonstrate, to the satisfaction of the Immigration and Refugee Board, that:

  • You are outside the country of your nationality or, if you have no nationality, outside the country where you have your habitual residence
  • You have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group or political opinion
  • Because of this fear, you cannot or will not claim the protection of this country or return to this country


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

Person in Need of Protection

To be considered in this class, you must be at risk of torture as defined in the Convention Against Torture or be at risk of cruel and unusual treatment 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 have the same protection in Canada as Convention refugees and have access to the same range of government services in Québec as Convention refugees.

Other definitions

Family member

This means:

  • Spouse or de facto spouse 16 years of age or older
  • Dependent child and, where applicable, the dependent child of that child

Spouse

A married person 16 years of age or older who:

  • Was not, at the time of marriage, another person’s spouse
  • Is not the de facto spouse of another person who has been separated from his or her spouse for at least one year

De facto spouse

A person 16 years of age or older of the same or different sex who:

  • Has been living in a marital relationship with the sponsor or the principal sponsored person for at least one year
  • Has had a marital relationship with the sponsor or the principal sponsored person for at least one year, but is not able to live with him or her due to persecution or penal control

Dependent child

A biological child of either parent who has not been adopted by a person other than the spouse or de facto spouse of either parent; or the adopted child of either 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.
  • He/she is still substantially dependent on the financial support of either parent, is 22 years of age or older and, at least since his/her 22nd birthday, has been unable to support himself/herself due to a physical or mental disability.

This definition also extends to the child of a dependent child.

Guarantor

Another term used to refer to the sponsor, especially in legislation and regulatory forms.

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Last modification : 2018-09-06
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