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- The Personal Information Form (PIF) has been replaced by the Basis of Claim (BOC) form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
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
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Exceptional Legal Support from Bellissimo Law Group – Highly Recommended!
It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
Despite delays caused by longer processing times during COVID, the team remained supportive throughout. A special mention to Ms. Lijing Cao and her associates, who managed my applications from start to finish and played a crucial role in securing my permanent status.
I highly recommend Bellissimo Law Group to anyone seeking reliable, professional, and dedicated legal assistance!
I cannot express enough gratitude for the incredible support and expertise provided by Mr Mario and Keely for my dad’s medical inadmissibility case. I retained their law firm after receiving the PFL . From the very beginning, they guided us through the complexities of the immigration process with professionalism, care, and honesty. They not only helped us navigate legal challenges but also provided advice that quite literally saved my dad’s life. They prepared a strong mitigation plan for my dad’s case that worked in our favour. I was particularly impressed by their quick response time and willingness to address any concerns promptly. What sets them apart is their genuine compassion and dedication—they truly care about their clients and go above and beyond to make a difference. I would definitely recommend them to anyone with their immigration issues especially for medical inadmissibility.
We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise.
Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case.
We would recommend this firm to all people who want legal professional advise.
