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.
Refugee, Humanitarian and Compassionate Grounds
Permanent ResidenceThe constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay.
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.
The constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay. A defendant can request a hearing to seek a bail reduction.
If an applicant feels that he or she would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada, an applicant may qualify for Permanent Residence.
People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.
The Supreme Court has noted that bail and the refusal to set bail also implicate the right to due process found in the Fourteenth and Fifth Amendments to the Constitution.
Humanitarian and compassionate grounds apply to people with exceptional cases. IRCC assess these applications on a case-by-case basis. Factors IRCC look at include:
These types of grounds are incredibly complicated to prove and require extensive immigration experience. In nearly all these matters an immigration professional is retained to ensure that the best interests of the applicant are being upheld. The margin for error is considerable and for this reason it is not recommended that one apply on behalf of themselves. OXEC dedicate ourselves to your case. What we offer are strong legal strategy, precise paperwork, and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.