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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101450
Experience:  Lawyer
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I am in Montreal with my wife on a tourist visa. just want

Customer Question

Hi i am in Montreal with my wife on a tourist visa. just want to ask if i can apply for assylum. I am from India
JA: Have you faced persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group?
Customer: Yes But i dont have any proofs
JA: Have you talked to a lawyer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

You can make a refugee claim at a Canadian border or airport, or from within Canada.So you can make a refugee claim while in Montreal.

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:

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 2 months ago.

Is there anything more I can help you with at this point in time?