Gerami Law PC represents individuals and families seeking refugee protection in Canada. We assist clients at every stage of the refugee claim process, including eligibility issues, preparation of the Basis of Claim form and narrative, gathering supporting evidence, preparing for the Refugee Protection Division hearing, and making oral and written submissions.
Refugee claims are deeply personal and often involve traumatic experiences, family separation, fear of return, and complex legal issues. Our role is to help clients present their story clearly, truthfully, and effectively, while ensuring that the legal elements of their claim are properly addressed.
We work closely with clients to identify the strongest evidence available, including identity documents, country-condition evidence, medical or psychological reports, police or court documents, witness letters, and other corroborating materials. We also prepare clients for the types of questions they may face at their refugee hearing so they can give their evidence with greater confidence and clarity.
Eligibility to Make a Refugee Claim
Before a refugee claim is referred to the Refugee Protection Division, an officer must determine whether the claim is eligible. Eligibility issues can be complex and time-sensitive, especially where a claimant has previously made a refugee claim, has protection in another country, entered Canada from the United States, or may be affected by recent legislative changes.
Recent changes to Canada’s refugee system have introduced additional eligibility concerns for some claimants, including claims made more than one year after entering Canada and certain claims connected to entry from the United States. These rules may have serious consequences, including the possibility that a person will not receive a full Refugee Protection Division hearing and may instead be directed to another risk-assessment process. IRCC states that new eligibility requirements apply to claims made on or after June 3, 2025.
Gerami Law PC assists clients in responding to eligibility concerns, preparing submissions, gathering evidence, and understanding their rights and options.
Convention Refugee Claims
A person may be recognized as a Convention refugee if they are outside their country of nationality or former habitual residence and have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
These claims often involve issues such as political activism, gender-based violence, sexual orientation or gender identity, religious persecution, family-based persecution, state protection, and whether the claimant could safely relocate elsewhere in their country.
Persons in Need of Protection
A person may also qualify for protection if returning to their country would expose them personally to a danger of torture, a risk to life, or a risk of cruel and unusual treatment or punishment.
These claims require careful preparation and evidence showing the personal risk faced by the claimant, the inability or unwillingness of state authorities to provide protection, and why relocation within the country would not be reasonable or safe.
Safe Third Country Agreement
The Canada–U.S. Safe Third Country Agreement can prevent some individuals who enter Canada from the United States from making a refugee claim in Canada, unless they fall within an exception. IRCC states that the Agreement may apply at official land border crossings and anywhere along the Canada–U.S. border, including rivers, lakes, and other waterways, depending on when and how the claim is made.
There are exceptions, including certain family-member exceptions and other circumstances. We assist clients in assessing whether the Safe Third Country Agreement applies and whether an exception may be available.
How We Can Help
Gerami Law PC can assist with:
- assessing refugee claim eligibility;
- preparing the Basis of Claim form and detailed narrative;
- identifying and organizing supporting evidence;
- preparing country-condition research;
- obtaining and reviewing expert, medical, or psychological evidence where appropriate;
- preparing clients for their refugee hearing;
- making written and oral submissions before the Refugee Protection Division;
- responding to procedural fairness letters or eligibility concerns; and
- advising on related options, including PRRA, H&C applications, appeals, or judicial review where applicable.
Refugee protection matters can move quickly and can have life-changing consequences. Early legal advice is important, particularly where there are eligibility concerns, missed deadlines, prior immigration history, or possible Safe Third Country Agreement issues.