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CRIME AND TERRITORY RESTRICTIONS

ASYLUM APPLICATION

Asylum is one of the main objectives of the Immigration and Refugee Protection Act¹. Indeed, Canada is among the countries that have ratified the Refugee Convention and the Convention against Torture.

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Seeking asylum means requesting protection from Canada under the principles of these conventions. Because these legal concepts are quite complex, many people prefer to seek the assistance of an immigration professional in Quebec.

Did you know? It's not always necessary to find an immigration lawyer in Quebec City. Your Canadian immigration consultant specializing in refugee law can assist you with the procedures and represent you before the tribunal (SPR).

avocat en immigration demande ERAR

Generally, this protection can be granted to you if you are on Canadian soil and, should you return to your country:

You fear persecution because of:

  • your race

  • your religion

  • your nationality

  • your membership in a social group
    (e.g., your sexual orientation or gender identity)

  • your political opinions.

You would be personally exposed to:

  • torture

  • a threat to your life

  • a risk of cruel and unusual treatment or punishment.

ELIGIBILITY

In terms of asylum in Canada, Immigration Encima offers the following services:

  • Initial assessment of your eligibility

  • Representations before the Refugee Protection Division of the IRB

  • Representations before the IRB Refugee Appeal Division

  • Request for a Pre-Removal Risk Assessment (PRRA)

  • Application for an open work permit for asylum seekers

  • Application for a travel document for protected persons.

Whether you need to know what options are available to you or simply want information, Immigration Encima can help you.

SERVICES

consultant en immigration demande ERAR

LGBTQ+ asylum seeker?

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At Immigration Encima, we ensure that your LGBTQ+ asylum claim in Canada is heard.

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Specializing in immigration and refugee law, we support you with respect, openness and without judgment, in order to maximize your chances before the Immigration and Refugee Board (IRB).

Currently, many asylum seekers face a lack of affordable resources in Canadian immigration, especially since the closure of the immigration legal aid office in eastern Quebec². However, it is not always necessary to find an asylum seeker lawyer in Quebec: often, a Canadian immigration consultant can assist you in most of the procedures.

Apply for asylum with an immigration consultant in Quebec City. Accessible, affordable and humane service.

HUMANITARIAN REQUEST

The law provides an exception for staying in Canada when not all the regular criteria are met³. This is known as "humanitarian and humanitarian grounds." These grounds allow for "waiving a requirement" of the law in order to obtain a status that, without this exception, would not have been granted.

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Generally, this protection can be granted to you if you are on Canadian soil and, should you return to your country:

You fear persecution because of:

  • your race

  • your religion

  • your nationality

  • your membership in a social group
    (e.g., your sexual orientation or gender identity)

  • your political opinions.

You would be personally exposed to:

  • torture

  • a threat to your life

  • a risk of cruel and unusual treatment or punishment.

ELIGIBILITY

This request, however, is subject to a discretionary decision. It is therefore important to gather the strongest arguments to convince the decision-maker to grant special consideration. The assessment may consider various aspects, including:

  • The impact your departure would have on your family members in Canada. Considerable weight is given to the best interests of a directly affected child.

  • Your ties to Canada.

  • Your level of integration in Canada.

  • A humanitarian claim specialist in Canada will determine if this is the appropriate course of action. Immigration Encima can help and advise you at affordable rates.

TO KNOW

Sources
1 Immigration and Refugee Protection Act. SC (2001), c. 27, s. 3(2). https://laws-lois.justice.gc.ca/fra/lois/i-2.5/
² Trudel, M. (2025, March 6). 200 vulnerable immigrants lose their lawyer. Radio-Canada. https://ici.radio-canada.ca/nouvelle/2145753/aide-justice-immigration-quebec See also: Champagne, Sarah R. (2025, March 22). Backlash against the end of legal aid for immigrants in Quebec. Le Devoir. https://www.ledevoir.com/societe/858517/fronde-contre-fin-aide-juridique-immigration-quebec
³ Ibid., al. 25.

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