Protected Person Application

Are you a refugee or a person in need of protection?

An individual may be considered a Convention refugee if they have a well-founded fear of persecution upon returning to their country of citizenship or country of legal permanent residence. There are five forms of persecution recognized by the international community: race, religion, nationality, membership of a particular social group (e.g. gender, sexual orientation, etc.) and political opinion.

To claim refugee status, the fear of persecution must be one of these five forms.  The individual must demonstrate that their country is unable or unwilling to provide them with adequate state protection.

Balanced Refugee Reform Act and Protecting Canada’s Immigration System Act

Changes to the asylum system came into effect on 15 December 2012 and are intended to improve efficiency in delivering faster decisions, deterring abuse, resettling more refugees, facilitating the adaptation to life in Canada, and removing failed refugee claimants more quickly.

Changes to the system include:

  • A list of Designated Countries of Origin (DCO); these are countries which do not normally produce refugees and are pressured to respect human rights and offer state protection – processing times for claimants from these countries will be an estimated 30 – 45 days; 60 days for other claimants – for a list of DCOs, please click here.
  • A new Refugee Appeal Division (RAD) at the Immigration and Refugee Board (IRB), allowing 15 days to file a Notice of Appeal once the written reasons for the decision are received from the Refugee Protection Division.
  • Hearings will no longer be conducted by appointed members but rather by public servant decision-makers
  • Decisions on appeals are expected within 90 days, with failed claimants being removed within 12 months thereafter
  • A bar on accessing pre-removal risk assessments and humanitarian and compassionate (H&C) applications for one year following a final negative IRB decision
  • The Personal Information Form (PIF) has been replaced by the Basis of Claim (BOC) form

Claimants from a DCO will have their asylum claims expedited.

A person in need of protection is at risk of cruel and unusual punishment or death.  The individual may also be at risk of torture, which is defined in international law as actions at the hands of the government agents or actions with which government agents were complicit.

To be deemed a person in need of protection, the individual must demonstrate that the risk they fear is personalized.  It cannot be a risk faced generally by people within one’s country. Consequently, a person at risk of kidnapping or extortion because they have money or are perceived as having money, face the same risk as others with money; the risk is not personalized unless there is some characteristic that led to that person, as opposed to all other affluent people, being targeted.

For more information on the refugee determination process, please click here.

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What Our Clients Are Saying
Daniel ColganDaniel Colgan ★★★★★ Extremely well prepared for our consult having read the material and questions I had provided. Provided clear sound advice that I felt very confident in. Thanks.Aleksandra DAleksandra D ★★★★★ They are knowledgeable, provide options and genuinely care about their clients. Highly recommend their services. They have been wonderful.Joanna KrasnodębskaJoanna Krasnodębska ★★★★★ We would like to thank you very much for your professional service, understanding and commitment to our case. Thank you also for taking on this difficult task. Only thanks to your hard work we managed to start a new life in Kanda. We know that our case was not easy, so we are even more glad that you were able to help us. We would like to thank the entire team dealing with our case for giving our daughters a better start in adult life and giving us peace of mind about their future.I will call you with all my heart and full responsibility and I can recommend the Bellissimo Law Firm. 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They are responsive and work thoroughly on your application, covering every nook and cranny as not to leave a single detail behind. Of course we had our stresses when submitting the application, considering the final decision maker is someone else, but we had peace of mind that we had prepared a perfect application. We will definitely choose BLG again for future applications.Dorma WDorma W ★★★★★ The Bellissimo Law Group is the absolute best!My experience with this law firm has been nothing short of extraordinary. Facing my complex case, their meticulous and thorough approach shone brightly from the very outset.They conducted a thorough interview with us, delving deep into the intricacies of my situation in order to understand fully what it would take to handle my case.Despite the complexity, their expertise turned challenges into opportunities, resulting in a successful outcome.What truly sets the Bellissimo Law Group apart is their commitment to their client. I especially admired how they meticulously instructed me on all necessary forms and information submissions, ensuring I was well-prepared at every stage.The professionalism exhibited by the entire Bellissimo Law Group is also commendable. Their consistent communication and transparent updates provided reassurance for me throughout the journey of my Permanent Residency (PR) application.In conclusion, I wholeheartedly would recommend Bellissimo Law Group for anyone seeking legal immigration representation. Their expertise, dedication, and client-centric approach make them a standout choice for navigating the complexities of any case.Thank you, Bellissimo Law Group, for your unwavering support and outstanding service, you are truly one of a kind!Jagjeet SinghJagjeet Singh ★★★★★ I want to express sincere gratitude to Mr. Belissimo, Ms. Keeley, and the entire Belissimo Law Group team for their invaluable support during the challenging process of obtaining our permanent residency. 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