Refugee Lawyer in Canada | Asylum Attorney.

Overview

Filing a refugee claim in Canada is important for those seeking safety and protection. The process requires careful preparation and a clear understanding of legal requirements.

Having professional legal support can significantly improve the outcome of your claim, ensuring your case is presented effectively. At Kingwell Immigration Law, our experienced refugee lawyers and asylum attorneys provide dedicated assistance throughout Canada’s refugee protection process.

From gathering evidence to preparing for hearings, we ensure that every detail is addressed. Our team focuses on building a strong case while offering compassionate guidance to help you feel supported during this challenging time.

Get trusted support from a Toronto immigration lawyer. Call 416-988-8853 or visit our contact page today to discuss your refugee claim.

Why Choose Our Canada Refugee Law Office?

Testimonials.

I want to thank Christian Julien for the wonderful work he did for me and my family. He is a very intelligent, transparent and dedicated person in his work. Without a doubt, he is the best.

Merit Garcia

From the day my family and I started working with Christian Julian on our complicated immigration process, he has been humble, attentive and kind in dealing with our case. Christian is always responsive and goes above and beyond to help us understand the complicated immigration process and other regulations that had an impact on our case. With Christian, we always felt safe and very well taken care of! Our application for PR and then spousal sponsorship was processed with a great deal of attention to detail and extra care. The applications that were submitted were thorough and were never returned or delayed due to missing information/ documents or incorrectly filled forms. We cannot thank him enough for his diligence and professionalism!

I highly recommend Kingwell Immigration Law firm for any immigration-related legal representation anyone may require in Canada.

Nisan G. Woldeabzghi

Our immigration case was rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team is truly amazing. Not only is Mr. Kingwell’s knowledge and experience extremely extensive, but how he makes his clients feel at ease is beyond anything that we have had the experience of dealing with (having met a whole tranche of lawyers, I can safely testify to that). I would recommend Mr. Kingwell for all immigration-related matters.

Haseeb A Virk

Thank you Daniel for doing a great job!!! My student visa application was refused two times and the Embassy ignored my third request too. Honestly, I was hopeless in 2019 and could not even imagine that someday the court would grant leave and my passport would have a visa on it. Everything happened because of Daniel Kingwell who prepared the best arguments and defended my case with great professionalism. I am so grateful for your support Daniel. I would recommend your firm to everyone who needs legal services because you guys deserve to be appreciated!

Daniela Gega

I highly recommend Mr. Daniel Kingwell for his exceptional legal expertise. Facing a complex situation, Mr. Kingwell provided clarity and support. His polite demeanour and reliability were evident throughout our interactions. He assured me of the strength of my case and diligently worked to secure its approval, patiently assembling all the documents. Mr. Kingwell’s honesty and integrity are commendable traits that instilled trust in his counsel. Additionally, his assistant, Naheed Sultana, played a crucial role in the process. Naheed’s quick and attentive responses to my inquiries demonstrated her dedication and professionalism. Together, they make an amazing and friendly team that gets the job done. Many thanks to Mr. Daniel Kingwell and Naheed Sultana for their invaluable service.

Ali Abdulrazak

Services Offered by Our Refugee Lawyers

At Kingwell Immigration Law, we provide comprehensive legal services to help individuals seeking refugee protection in Canada. Our dedicated refugee lawyers offer guidance and support throughout every process, ensuring your rights are upheld and your case is presented effectively.

Below is an overview of the services we offer.

Services.

Preparing and Submitting Refugee Claims

Submitting a refugee claim to the Immigration and Refugee Board (IRB) involves detailed preparation to ensure all requirements are met. Here’s how we assist:

Initial Case Assessment: We review your situation thoroughly to ensure you meet the eligibility requirements for refugee protection.
Personal Narrative Preparation: Our team works with you to craft a compelling personal story, highlighting the risks and challenges you face if you return to your home country.
Evidence Collection: We gather supporting documents, such as medical records, news articles, and witness statements, to strengthen your claim.
Document Filing: We prepare and file all necessary paperwork with the IRB, ensuring deadlines are met and forms are accurate.
Legal Guidance: We provide ongoing advice and answer your questions, keeping you informed about each step of the process.

Our team ensures your story is presented clearly and persuasively, supported by thorough documentation. This includes building a case demonstrating the specific risks you face and why you need protection under Canadian refugee laws.

Representation at Refugee Hearings

Our lawyers provide professional advocacy during hearings before the IRB. We prepare you for the hearing by reviewing questions you might face and ensuring you are ready to testify confidently.

Whether you’re undergoing an eligibility review or a detention hearing, we advocate on your behalf to ensure your case is heard fairly.

Appeals and Judicial Reviews

If your refugee claim is denied, our team offers experienced representation for appeals at the Refugee Appeal Division or judicial reviews at the Federal Court. We handle time-sensitive deadlines, ensuring your appeal is filed promptly and meets procedural requirements.

Our focus is on challenging errors or oversights in your initial decision, giving you another opportunity to seek protection.

Humanitarian and Compassionate Applications

For individuals who don’t qualify through traditional refugee pathways, we assist with Humanitarian and Compassionate (H&C) applications under the Immigration and Refugee Protection Act (IRPA).

These applications are based on factors such as family ties in Canada, hardship in returning to your home country, and the best interests of any children involved.

Transition to Permanent Residency

Once your refugee claim is accepted, we assist with transitioning to permanent residency in Canada. This includes helping you apply for PR status and exploring options for family reunification through sponsorship programs.

Our team ensures you understand the steps required to build a stable and secure future in Canada.

The Canadian Refugee Protection Process

Seeking refugee protection in Canada involves several important steps. Each stage requires careful attention to detail and compliance with Canadian immigration laws.

Below is a straightforward overview of the process and the common challenges refugee claimants may face.

Step-by-Step Overview.

1. Arrival in Canada

Refugee claims can be made at a port of entry (airport, land border) or within Canada after arrival. Claimants must indicate their intention to seek asylum and meet basic requirements for entering the country.

2. Eligibility Screening

Canada Border Services Agency (CBSA) or Immigration, Refugees, and Citizenship Canada (IRCC) assess eligibility. They check for inadmissibility, previous claims in other countries, or criminal records, determining whether the claim qualifies for further review.

3. Submitting a Claim

Claimants must provide personal identification, a written narrative detailing persecution or risk of harm, and supporting evidence like witness statements or official reports. Timeliness and accuracy are essential during this step.

4. Hearing at the Refugee Protection Division (RPD)

The IRB schedules a hearing where claimants present their case. Preparation is key, including legal representation, mock questioning, and documentation review. Claimants should expect to explain their narrative and respond to detailed questions.

5. Decision

The RPD delivers one of three outcomes: approval (granting refugee status), rejection (potential for appeal), or deferral (requiring additional evidence). Approved claimants can apply for permanent residency, while rejected claims may proceed to the Refugee Appeal Division or Federal Court.

Challenges Faced by Refugee Claimants

Refugee claimants face numerous obstacles when seeking protection in Canada. The process can be overwhelming, from gathering evidence and overcoming language barriers to adjusting culturally and managing emotional strain.

Challenges We Will Help With.

Evidence Gathering

Obtaining reliable proof of persecution is often difficult for claimants. Many flee their home countries under urgent circumstances, leaving behind critical documents or contacts.

Gathering police reports, medical records, or independent corroboration can be nearly impossible in countries with restrictive or oppressive governments. Additionally, evidence must align with Canadian standards of credibility and relevance.

Refugee claimants often face pressure to authenticate their stories with minimal resources, making legal guidance essential to build a compelling case.

Language Barriers

Limited English or French proficiency poses significant obstacles for claimants. Claimants may struggle to communicate effectively during interviews or hearings without adequate language skills, potentially weakening their case.

Access to translation services helps but may not fully resolve misunderstandings regarding legal terms or requirements. Clear communication with legal professionals ensures claimants understand their responsibilities and the details of their cases.

Cultural Adjustments

Adapting to Canada’s legal and social systems is another major hurdle. Refugee claimants often arrive with little knowledge of Canadian norms or expectations, making it difficult to work through processes like hearings or document submissions.

Cultural differences may also impact how claimants present their cases. For example, behaviors or statements influenced by cultural norms may be misinterpreted by Canadian officials, further complicating their journey.

Emotional Strain

The refugee process often involves significant trauma and anxiety. Claimants may have experienced persecution, violence, or family separation, and recounting these events during hearings can be emotionally taxing.

The uncertainty of the process adds additional stress. Delays, rejections, or misunderstandings can exacerbate feelings of hopelessness. Emotional support and empathetic legal representation are critical to helping claimants with these challenges with resilience.

Client Success Stories

Past Cases.

After appealing to the Federal Court, PRRA applicants from Israel reconsidered.

Pre-Removal Risk Assessment applicants from Israel. The applicants claimed to be at risk as an Arab-Israeli LGBT couple. IRCC rejected their PRRA application. We successfully appealed the decision to the Federal Court on the basis that the officer had refused to consider a news report of an “honour killing” in their family. The Court ordered IRCC to reconsider the application.

Musa v Minister of Citizenship and Immigration (2012 FC 298)

A study permit applicant from Iran has application reconsidered by IRCC after an appeal to the Federal Court.

Study permit applicant from Iran. IRCC rejected her application finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.

M.M. v Minister of Citizenship and Immigration (2022 FC 1098)

Refugee Protection Division ordered to redetermine refugee claim from Albania because of wrongful criminal conviction.

Refugee claimant from Albania. For a decade, he fought his case with the Minister at the Refugee Protection Division, who argued that he should be excluded from protection because of a criminal conviction. We successfully appealed the decision to the Federal Court on the basis that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.

Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300)

Study Permit application from Albania reconsidered by IRCC after appeals to the Federal Court.

Citizen from Albania applying for a study permit. IRCC rejected it, stating that her study plan was not reasonable given her education history. She requested reconsideration which IRCC also rejected. We appealed both decisions to the Federal Court and overturned the rejection, the Court agreeing that the officer had ignored her explanation that the course of studies was more specialized than her previous education and necessary for her career advancement. IRCC was required to reconsider her study permit application.

D.G. v Minister of Citizenship and Immigration (2021 FC 1468)

Conjugal partner PR application rejected by IAD returned to IRCC for processing after appeal to the Federal Court.

Overseas sponsorship of conjugal partner from Saudi Arabia. IRCC refused the application on the basis that they did not meet the requirements of conjugal partnership, and the Immigration Appeal Division rejected their appeal. We represented them on appeal to the Federal Court, and the judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories. Their PR application was returned to IRCC for processing.

A.H. v Minister of Citizenship and Immigration (2020 FC 530)

Book a Consultation with Our Canada Asylum Lawyers

Taking the first step toward seeking asylum can feel overwhelming, but our Canadian asylum lawyers are here to guide you through the process with compassion and expertise. Booking a consultation is simple and allows you to receive personalized legal advice tailored to your unique circumstances.

How to book your consultation:

Online Consultation Booking: Use our convenient online form to request a consultation. Simply provide your contact details, a brief description of your situation, and the best time to connect. Our team will respond promptly to confirm your appointment.
Phone Consultations: For those who prefer speaking directly or need immediate assistance, call our office to schedule a phone consultation. We’ll answer your questions and guide you through the initial steps.

To make the most of your consultation, come prepared with the following:

Documents: Bring all relevant documents, including identification, past immigration paperwork, personal narratives, and proof of persecution (e.g., reports, letters, or country of origin documentation). These will help us understand your case better.
Personal History: Be ready to share a brief summary of your background. Include your nationality, reasons for seeking asylum, experiences of cruelty or fear of persecution, and any prior legal or immigration encounters.
Questions or Concerns: Write down your questions about the process, timelines, or specific legal matters. This ensures we address your priorities during the consultation.

Our team is dedicated to supporting asylum applicants throughout their journey. From inland claims to applications for permanent resident status, we provide professional representation and compassionate legal advice to help you secure a safer future.

Contact us today at 416-988-8853 or visit our contact page to book your consultation or to seek immigration legal advice.