Claiming Convention Refugee Status In Canada – A Case Summary

A person can seek Convention Refugee status in Canada if they are afraid of persecution in their home country due to their race, religion, nationality, membership in a particular social group or political opinion.

In one of our most recent cases, we assisted the claimant, in claiming refugee protection pursuant to the Immigration and Refugee Protection Act as a Convention Refugee. The applicant identifies as part of the LGBTQIA+ community which is against the law in his home country.

In assessing whether the claimant met the definition of a Convention refugee, the Immigration and Refugee Board of Canada (IRB) made an assessment on the following:

1. Credibility of the claimant during the hearing: Although the hearing was conducted through video conference, the IRB Panel Member will ask questions of the claimant and any other witnesses who can speak to the claimant's background, and in this case, the claimant's membership in the LGBTQIA+ community, and any fears