To be successful with your refugee claim, you must provide evidence that shows you meet every part of the legal definition of either Convention Refugee or Person In Need of Protection as defined in the Immigration and Refugee Protection Act. A Member at the Immigration and Refugee Board of Canada – Refugee Protection Division (IRB-RPD) will make a decision which definition applies to your claim.
The following pages will help you understand what factors may be considered and what type of evidence you may gather to help your case.
Convention Refugee definition
Read each part of the definition of a Convention Refugee and if you decide that each part of the definition is true for your particular situation, create your own list of any documents you have to show that you meet each part of the definition. Share this list of evidence with your legal representative.
To meet the definition of Convention Refugee, you must show you meet all six parts of the definition below:
- If I return to my country, there is a serious possibility I will face persecution
- This persecution is based on my: race/religion/nationality/political opinion/or membership in a particular social group
- I am genuinely afraid to return to my country
- I have a good reason to be afraid based on the situation in my country
- My government cannot protect me
- I cannot live safely in any other part of the country or it is not reasonable for me – given who I am – to move to another part of the country.
(Section 96 of the Immigration and Refugee Protection Act)
Person in Need of Protection definition
Read each part of the definition of a Person in Need of Protection and if you decide that each part of the definition is true for your particular situation, create your own list of any documents you have to show that you meet each part of the definition. Share this list of evidence with your legal representative.
- If I return to my country, I am likely to face torture by the authoritues in my country; OR
- If I return to my country, I am likely to face risk to my life, or risk of cruel and unusual treatment or punishment
- My government cannot protect me
- I cannot live safely in any other part of my country or it is not reasonable for me – given who I am – to move to another part of my country
- This risk is specific to me and NOT shared by the general population in my country
- This risk is NOT because my country wants to punish me for committing an act which is a crime in Canada
- This risk is NOT because of inadequate medical care in my country.
(Section 97 of the Immigration and Refugee Protection Act)