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How to claim asylum

Buletruck

VIP Member
May 18, 2015
6,687
2,531
When you apply as a refugee, you submit a basis of claim. This explains why you feel you are a refugee. When you submit you claim, you will receive an interview date with IRB. At that interview, it’s will determine if they accept your claim or not. Last time I checked it takes about 18 months to get an interview. Until your claim is accepted, you are a refugee claimant only, not a refugee.
Given legal aid has experience with refugee claims, they will review your basis if claim and determine for themselves if you have a chance of being accepted. If they think it will and you meet the financial eligibility requirements, they will assist you. If they don’t feel your claim has merit or you have your own financial means (in Canada or elsewhere) they won’t provide aid.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Please explain me regarding red line question ...wordings is confusing me...

In addition to that I am on TRV now , I donot have source of income now in Canada then how they will assess my financial position? what should I submit to prove me financial position is zero................................regards.....
"If you have an income or own property, you may qualify for a certificate with a contribution agreement. This means you will be required to repay Legal Aid Ontario some or all of your legal fees."

Property may include any savings that you may possess.
 

eeshoo

Star Member
Apr 25, 2017
75
3
how were you able to get a visitor visa if you have 0 money? you will need to use up your savings first. seniors will correct me if i am wrong but i have read the same answer from some before.
saving for what? for accommodation, groceries etc...
please read my question properly .... that I came on visit visa.. now i dont work here . i want to file asylum in Canada.. i need a legal aid...
i can survive myself from some saving which i have but not able to hire lawyers from my saving because fees are too much... thats why i am looking for legal aid..

so My question is , if i claim refugee and eligible as refugee claimant means pass my eligibility interview then what they will check about my financial resources ? because i am not working here. if i have bit saving then i will use for my survival... every one file refugee case and they have also saving but for their survival...

@ bluetruck
as per you, if they feel that your claim will be ineligible or it is refused, legal aid will not take or will drop your case. They have limited resources and won’t waste them.

what does means ineligible or refused?? you meant to say that after eligibility interview or something else?

confusing ...please clarify....
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
If they don’t think your refugee claim is genuine (before the interview) or IRB reject your claim (after the interview) they won’t give you legal aid.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
saving for what? for accommodation, groceries etc...
please read my question properly .... that I came on visit visa.. now i dont work here . i want to file asylum in Canada.. i need a legal aid...
i can survive myself from some saving which i have but not able to hire lawyers from my saving because fees are too much... thats why i am looking for legal aid..

so My question is , if i claim refugee and eligible as refugee claimant means pass my eligibility interview then what they will check about my financial resources ? because i am not working here. if i have bit saving then i will use for my survival... every one file refugee case and they have also saving but for their survival...

@ bluetruck
as per you, if they feel that your claim will be ineligible or it is refused, legal aid will not take or will drop your case. They have limited resources and won’t waste them.

what does means ineligible or refused?? you meant to say that after eligibility interview or something else?

confusing ...please clarify....
http://www.legalaid.on.ca/en/getting/type_immigration_supportref.asp

"If you are financially eligible and your matter has merit, LAO may pay to:"

If your BoC is frivolous and/or stands no reasonable prospect of being accepted, it may be considered not to "have merit".
 
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eeshoo

Star Member
Apr 25, 2017
75
3
http://www.legalaid.on.ca/en/getting/type_immigration_supportref.asp

"If you are financially eligible and your matter has merit, LAO may pay to:"
First of all, I applied my visit visa on 2016 in that I was working but I came to Canada on last month 2018. Two year have been passed , situation has been changed. I came to canada on some amount of money to survive for 2 to 3 months. my same questions is that , how they check my financial position , i never worked here, no bank account , no student visa , no property , came to canada last month 2018 . then how will check my financial position?????? please explain in terms of your real experience, knowledge and etc etc ..................

If your BoC is frivolous and/or stands no reasonable prospect of being accepted, it may be considered not to "have merit".
What I know from internet that I need to submit BoC within 15 days to IRB/IRCC/CBSA after passing eligibility interview for refugee claimant.
So should I submit same BoC which I submitted to IRB / IRCC / CBSA with Legal Aid Department?????? if yes then I have to submit same BoC two times with two different department. right ????????? please give me guideline in terms of your real experience , knowledge and etc etc.....explanation in webpages is really confusing for me....I really appreciate to support me....Because my decision to relocate from Saskachewan to Ontario is based on legal aid, actually legal aid is not available in Saskachewan province. Hope u get me and clarify my confusions........


AND IF there is any Guru /expert / master , please read and guide me ...really really it will be appreciated !!!!!!!!!!!
 

eeshoo

Star Member
Apr 25, 2017
75
3
What I know from internet that I need to submit BoC within 15 days to IRB/IRCC/CBSA after passing eligibility interview for refugee claimant.
So should I submit same BoC which I will submit to IRB / IRCC / CBSA with Legal Aid Department?????? if yes then I have to submit same BoC two times with two different department. right ????????? please give me guideline in terms of your real experience , knowledge and etc etc.....explanation in webpages is really confusing for me....I really appreciate to support me....Because my decision to relocate from Saskachewan to Ontario is based on legal aid, actually legal aid is not available in Saskachewan province. Hope u get me and clarify my confusions........


AND IF there is any Guru /expert / master , please read and guide me ...really really it will be appreciated !!!!!!!!!!!
Any one who can guide me what i explained above in different colour....I am confused with different information............please guide me....
 

jddd

Champion Member
Oct 1, 2017
1,517
565
saving for what? for accommodation, groceries etc...
please read my question properly .... that I came on visit visa.. now i dont work here . i want to file asylum in Canada.. i need a legal aid...
i can survive myself from some saving which i have but not able to hire lawyers from my saving because fees are too much... thats why i am looking for legal aid..

so My question is , if i claim refugee and eligible as refugee claimant means pass my eligibility interview then what they will check about my financial resources ? because i am not working here. if i have bit saving then i will use for my survival... every one file refugee case and they have also saving but for their survival...

@ bluetruck
as per you, if they feel that your claim will be ineligible or it is refused, legal aid will not take or will drop your case. They have limited resources and won’t waste them.

what does means ineligible or refused?? you meant to say that after eligibility interview or something else?

confusing ...please clarify....
unless i read incorrectly, you said that you were just in Pakistan a month ago - working? before you came here? correct? if so, 1 month drained your "show money"?

i guess the answer is, what you need, and what Legal Aid deems you need are 2 different things. No one here can tell you with 100% certainty that you will be eligible. Go to Legal Aid and ask, only they can answer you.
 
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Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
saving for what? for accommodation, groceries etc...
please read my question properly .... that I came on visit visa.. now i dont work here . i want to file asylum in Canada.. i need a legal aid...
i can survive myself from some saving which i have but not able to hire lawyers from my saving because fees are too much... thats why i am looking
One visa-requirement that IRCC looks for in a TRV application is that the applicant has an overall good financial situation. This means the stated funds for the visit + the general financial situation must cover not just the expenses for the stated visit, but must be a financial incentive for the applicant to return to his/her country of residence.

Not sure how you were able to prove you had the 'Funds for your visit" + a good financial situation to return to Pakistan.... for your TRV application.

More importantly, if you have been working in Pakistan for several years, it may seem like you are an economic refugee. You would want to be sure that you have a basis/the grounds to make an asylum claim
 
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9990

Hero Member
Jan 10, 2017
385
144
@eeshoo First you need to understand what you need to do, here forum members can only advise you. only you know your circumstances better than anyone.
If you want to move to ontario to get help from legal aid then you have to submit your claim in ontario.
You have to find out by yourself if ontario legal aid will accept you or not.
You are already in Canada so requirements little changed for you. for example:
1) You need to consult with the lawyer (private or legal aid) he will tell you to write your story in word format and give it to him.
2) According to your story he will fill the BOC and other forms and will get the interview date.
3) On the interview day you need to take all forms and BOC with you.
4) Interviewer officer will determine your eligibility and refer your case to IRB.
5) You'll get the hearing date later.
When I arrived in Canada I had $5800 but still legal aid accepts me so it is all depend on them nobody can give actual advise.
When you planning to come to Canada to asked me so many questions and I did try to answers them my best, so my advise is this the time you have to find out by own because nobody can actually advise what will be the decision by the concerned department.
One thing more if you have money for your survival always declare don't think I'm refugee how can I pay for my lawyer fees because it is not Canadian government responsible to pay for you if you are not eligible.
Canadian government doing their best to accommodate refugees so we have to stop being we are refugee why we should pay fees for lawyers or Canadian government should pay for us.
 

jerrymsigwa

Full Member
Jun 21, 2018
48
1
When you apply as a refugee, you submit a basis of claim. This explains why you feel you are a refugee. When you submit you claim, you will receive an interview date with IRB. At that interview, it’s will determine if they accept your claim or not. Last time I checked it takes about 18 months to get an interview. Until your claim is accepted, you are a refugee claimant only, not a refugee.
Given legal aid has experience with refugee claims, they will review your basis if claim and determine for themselves if you have a chance of being accepted. If they think it will and you meet the financial eligibility requirements, they will assist you. If they don’t feel your claim has merit or you have your own financial means (in Canada or elsewhere) they won’t provide aid.
During this interim time brfore interview (18 months), what are bases of staying in Canada? Are you given any document? Any work permit is it possible to get? Studying?

Thanks in advance