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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have been charged with 498a which is an unjust and gender

Customer Question

I have been charged with 498a which is an unjust and gender biased law and facing life threat by my wife and in laws . I want to seek protection for my life . am I eligible for a refugee claim
Submitted: 8 months ago.
Category: Canada Law
Expert:  Legal Ease replied 8 months ago.
What country do you live in?
Customer: replied 8 months ago.
I belong to India
Expert:  Legal Ease replied 8 months ago.

Were you charged in India?

Customer: replied 8 months ago.
i have been charged in india even though i was the one who suffered violence. and i wrote to the authorities about it. but there are no laws in india which can assume a woman is guilty. so instead of protecting me i have been prosecuted and charges are framed against me.i face a constant threat of life and torture by the hands on in laws and police officials who have been bribed to act against me
Expert:  Legal Ease replied 8 months ago.

I am sorry to hear this.

You can make a refugee claim at a Canadian border or airport, or from within Canada.

There are essentially two grounds for obtaining refugee status.

One way is you meet the definition of a Convention Refugee. The other is if is you are considered to be a person in need of protection.

To be a Convention refugee, you must have a well-founded fear of being persecuted in your home country because of your:

* Race,
* Religion,
* Nationality,
* Political opinion, or
* Membership in a particular social group. (This can be a group that you chose to join, such as a labour union, or that you belong to because of who you are, such as a family. If you fear persecution because of your gender or sexual orientation, your claim is based on membership in a particular social group.)

You must also be unable or unwilling to return to your country because of your fear and the conditions there.

To be a person in need of protection, you must be someone who, if you had to return to your home country, would more likely than not face:

* Torture,
* A risk to your life, or
* A risk of cruel and unusual treatment or punishment.

If you face a risk to your life, or a risk of cruel and unusual treatment or punishment, you must show all of the following:

* You are not able to get protection from the government in your country.
* The risk affects you personally and is not faced generally by other people in your country. For example, the risk is not the result of a famine or civil war.
* The risk is not the result of government laws, such as punishment for committing a crime, unless these laws violate international standards.
* The risk is not caused by the fact that you cannot get adequate medical care in your country unless this is because of persecution or discrimination.

If you are at an airport or border, you can start your claim by telling a immigration officer that you want to make a refugee claim.

If you are already in Canada, you can contact CIC to start your claim.

Here is a link to the government webpage that explains how this all works:

http://www.cic.gc.ca/english/refugees/index.asp

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