Refugee Protection
Refugee Protection Claims | Refugee Appeals | Judicial Review |
Pre-removal Risk Assessment | Humanitarian & Compassionate Applications
Individuals seeking asylum protection in Canada may be navigating some of the most complex and high stakes areas of immigration law. Claims for refugee protection and post-refusal remedies involve strict legal tests, detailed evidence requirements, and short procedural timelines.
At Summit Point Law, we provide representation from initial refugee claims to appeals, judicial review, pre-removal risk assessments, and humanitarian and compassionate applications. Whether you are making a claim, responding to a refusal, or seeking protection from removal, we work to ensure that your case is presented clearly, accurately, and within the applicable legal framework.
Disclaimer: Please note that the information provided is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change, and outcomes depend on the specific facts of each case. This content is not exhaustive of all legal rights, remedies, or requirements and should not be relied upon as a substitute for legal advice. Readers should consult a legal professional for specific advice in any particular situation.
Refugee Protection Claims
Canada offers refugee protection to individuals who face a well-founded fear of persecution or who are at risk of torture, risk to life, or cruel and unusual treatment or punishment if returned to their country of origin. Refugee protection claims are complex, highly evidence-driven, and subject to strict procedural requirements and timelines.
Refugee claims are assessed by the Immigration and Refugee Board of Canada (IRB) and often turn on credibility, consistency of evidence, and country condition documentation. Inconsistencies, incomplete narratives, or missing corroborating evidence can significantly undermine a claim and may result in refusal.
At Summit Point Law, we assist clients with the preparation and advancement of refugee protection claims, including the drafting of detailed Basis of Claim narratives and the gathering and organization of supporting evidence. We work closely with clients to ensure their personal circumstances are presented clearly, accurately, and within the applicable legal framework. We also advise on procedural steps, hearing preparation, and post-decision options where claims are refused.
Refugee Appeals
If the Immigration and Refugee Board (IRB) rejects your claim for refugee protection, a refugee appeal allows certain refused refugee claimants to challenge the negative decision. Where a right of appeal exists, appeals are heard by the Refugee Appeal Division (RAD) and must be filed within strict statutory deadlines.
Refugee appeals focus on whether the RPD made an error of law, fact, or mixed fact and law. In limited circumstances, new evidence may be admitted where it was not reasonably available at the time of the original hearing or where it arose after the decision. Refugee appeals require detailed legal submissions supported by the record and applicable country condition evidence.
At Summit Point Law, we assist clients in assessing whether they have a right of appeal and in preparing comprehensive RAD appeal records and written submissions. We review the RPD decision for reviewable errors, evaluate the admissibility of new evidence, and advance focused legal arguments.
Judicial Review
If the Immigration and Refugee Board (IRB) rejects your claim for refugee protection, you may ask the Federal Court of Canada to review the decision. Judicial review is not an appeal; rather, it examines whether the decision was made fairly and in accordance with the law.
Strict deadlines apply. Where the IRB rejects a refugee claim, an application for judicial review must generally be filed within 15 days of the decision. Because of these time constraints and the technical nature of the Federal Court process, obtaining legal advice as soon as possible is critical.
At Summit Point Law, we assist clients in assessing the viability of judicial review, meeting filing deadlines, and preparing focused legal submissions at both the leave stage and, where applicable, the judicial review stage.
Pre-removal Risk Assessment
A pre-removal Risk Assessment (PRRA) is a process that allows certain individuals facing removal from Canada to present evidence of the risks they would face if returned to their country of origin. A PRRA examines whether the person would be at risk of persecution, torture, risk to life, or cruel and unusual treatment or punishment upon removal. One can only apply for a PRRA if a Canadian Border Security Agency (CBSA) officer tells you that they are eligible.
PRRA applications are highly fact-specific and evidence-driven. Applicants must demonstrate that the risk is personal, forward-looking, and supported by credible evidence, including country condition materials and documentation relating to their individual circumstances. Strict eligibility rules and filing deadlines apply, and not all individuals subject to removal are entitled to submit a PRRA.
At Summit Point Law, we assist clients in determining PRRA eligibility and in preparing thorough, well-supported PRRA submissions. We review removal history, assess risk factors, gather and organize supporting evidence, and prepare legal submissions that clearly address the applicable risk tests. Our focus is on ensuring that all relevant risks are properly presented and considered before removal is enforced.
Humanitarian & Compassionate Applications
Humanitarian and Compassionate (H&C) applications allow individuals to apply for permanent residence in Canada despite not meeting standard immigration requirements. These applications are discretionary and are assessed based on the totality of an applicant’s personal circumstances and the hardship they would face if required to leave Canada.
H&C applications often arise in situations involving long-term establishment in Canada, family ties, medical or personal hardship, or where the best interests of a child are directly affected. Because these applications rely heavily on discretion, they require persuasive written submissions and comprehensive supporting evidence.
At Summit Point Law, we assist clients with the preparation and submission of detailed, well-supported Humanitarian and Compassionate applications. Our approach focuses on clearly presenting your personal circumstances within the legal framework, addressing relevant hardship factors, and ensuring that all supporting documentation is properly organized and compelling. We advise on eligibility, evidence gathering, and strategic considerations.