Seeking asylum in Canada can be a complex and emotionally draining process. While Canada is known for its strong human rights protections and fair refugee system, not all claims are approved. Understanding the common reasons why Refugee Claims in Canada are rejected—and how to avoid those pitfalls—can significantly increase your chances of success.
1. Lack of Credibility
Reason for Rejection:
One of the most common reasons a claim is denied is due to perceived inconsistencies or contradictions in the claimant’s story. If an officer or the Immigration and Refugee Board (IRB) feels that your account is not believable, they may reject the claim.
How to Avoid It:
- Be consistent in all statements and documents.
- Don’t exaggerate or fabricate details.
- Provide supporting evidence when possible.
- Practice telling your story the same way during interviews and hearings.
2. Insufficient Evidence
Reason for Rejection:
If you cannot provide documents or corroborating information to back up your claim, the IRB may conclude that your case is weak.
How to Avoid It:
- Collect police reports, medical records, news articles, or affidavits that support your case.
- Please obtain letters from witnesses or community leaders if possible.
- Work with a lawyer to organise and submit the correct documentation.
3. Safe Third Country Agreement (STCA)
Reason for Rejection:
If you arrive in Canada from the United States (a designated “safe third country”) at a land border, your claim could be denied under the STCA unless you qualify for an exemption.
How to Avoid It:
- Understand the STCA rules and determine if you qualify for an exemption, such as having a family member in Canada or being an unaccompanied minor.
- Consult a legal expert before crossing the border to make a refugee claim.
4. Delay in Filing a Claim
Reason for Rejection:
If you wait too long after arriving in Canada to file a refugee claim, the IRB may question whether you were truly in danger in your home country.
How to Avoid It:
- Please submit your claim at your earliest convenience upon arrival.
- If there’s a delay, be prepared to explain why (e.g., trauma, lack of legal support, etc.).
5. Internal Flight Alternative (IFA)
Reason for Rejection:
The IRB may determine that you could have found safety in another region of your home country, rather than leaving altogether.
How to Avoid It:
- Be clear about why all parts of your home country are unsafe for you.
- Provide evidence that persecution is widespread or that relocation is not reasonable.
6. Criminal Record or Security Concerns
Reason for Rejection:
Claimants with serious criminal records or suspected ties to terrorism or organised crime may be deemed inadmissible to Canada.
How to Avoid It:
- Please provide a complete and honest account of your background.
- If applicable, demonstrate rehabilitation or the political nature of past charges.
7. Persecution Not Based on Protected Grounds
Reason for Rejection:
Canada’s refugee system protects individuals facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. If your situation doesn’t fall into one of these categories, your claim may be denied.
How to Avoid It:
- Please consider framing your claim around one or more of the protected grounds.
- Collaborate with a legal advisor to effectively present your story within the legal definitions.
Final Tips to Strengthen Your Claim:
- Get legal help: A licensed immigration lawyer or consultant can make a huge difference.
- Be honest: Misrepresentation can lead to immediate rejection and bans from future applications.
- Prepare thoroughly: Know what to expect at your hearing and practise explaining your story clearly and calmly.
Conclusion
Canada takes refugee claims seriously, but approval hinges on presenting a credible, well-documented case that conforms to Canada’s legal framework. By understanding the common reasons for rejection and preparing accordingly, you can give yourself the best possible chance of a successful outcome.
