The United Nations High Commissioner for Refugees (UNHCR) has created a website called Information for Refugees, Asylum-seekers and Stateless People. This website has helpful information about the refugee claim process in different countries.
The application process differs for each country. In general, the process requires the claimants to provide information about their identity, country of origin, and the reasons for claiming refugee status.
Canada
In Canada, there are two ways to make a refugee claim,
(1) at an official port of entry or (2) inside Canada, by submitting an application to Immigration, Refugees and Citizenship Canada (IRCC).
In both situations, a government official will assess whether the applicant is eligible to make a refugee claim.
It may also be possible to make a refugee claim from outside the country as part of Canada’s Refugee and Humanitarian Resettlement Program. In such cases, claimants are referred by a referral organization such as the UNHCR or a private sponsorship group.
If the applicant is eligible, then the case will be referred to the Immigration and Refugee Board of Canada (IRB). The IRB will conduct a hearing with the applicant and determine whether to grant refugee status to the applicant.
The most important component of the application is the Basis of Claim (BOC) form.
The BOC form asks claimants about the harm they have experienced in their country, their interactions with state authorities, the timing of and reasons for their departure, and the harm they believe they would experience if they were to go back.
The Basis of Claim form should include any information that establishes that the claimant is a member of their religion and that they are persecuted because of their religion. See the sections of this website on how to prepare for a hearing and what claimants should say about their religion.
United States
In the United States, to file a refugee claim, the applicant must be either (1) inside the U.S. or (2) is seeking entry at a port of entry.
There are two types of refugee claim processes:
(1) an affirmative asylum process for people who are not in removal proceedings; and
(2) a defensive asylum process for people who are in removal proceedings.
A removal proceeding is an order from the U.S. government to deport someone from the country.
For affirmative asylum, a person can apply for asylum through the U.S. Citizenship and Immigration Services (USCIS). For defensive asylum, a person applies to the Executive Office for Immigration Review (EOIR). The application for asylum is a defence against deportation from the country.
United Kingdom
In the United Kingdom, the UK Government (the Home Office) is responsible for the Refugee Status Determination process.
Claimants should apply when they arrive in the UK or as soon as they believe they will be in danger when returning to their own country. Upon application, the claimant will have a meeting with an immigration officer, known as a “screening.”
After the screening the Home Office will decide if the claim is eligible for consideration. If eligible, the claimant will then have an asylum interview with a caseworker.
Australia
In Australia, the government operates a Humanitarian Program which processes refugee claims. This program has two main components:
The onshore program is for people who are already in Australia to make a refugee claim. The offshore program is for people who are outside Australia and has three parts: Refugee; Special Humanitarian Program (SHP); and Community Support Program (CSP).
The Refugee category assists people who face persecution in their country of origin. The SHP category assists people who are suffering discrimination outside their country of origin and has family or community ties to Australia. The CSP category is a type of private sponsorship, where communities, businesses, families and individuals would support the refugee through prospective employment opportunities and financial assistance.
Australia’s Department of Home Affairs provides an overall view of a refugee’s resettlement journey in Australia.
Disclaimer: This website does not contain legal advice. For all legal questions, it is best to consult with a qualified lawyer. The information contained on this website may not be current due to changes since the time it was written.
Religious Refugees 