Legal Consultant Toronto Canada

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Submission Letter
Name
Course
Instructor
Date

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Richard Ittleman Legal Consultant
Toronto
Canada
To
Refugee Protection Division
Toronto
Canada
Date:
RE-SUBMISSION OF REFUGEE PROTECTION CLAIM FOR KHALIL SALEM TO
REFUGEE PROTECTION DIVISION
Refugee Protection Division.
As an Immigration Consultant, I am drafting this refugee protection claim to the Refugee
Protection Division in Toronto in regard to Algerian national by the name Khalil Salem. Under
Immigration Refugee Protection Act (IRPA), Khalil is a Convention Refugee because he has fear
of discrimination and persecution if he happens to return to Algeria after having been given a
warning. His country does not in any means allow heterosexual relationships and he is not
willing to return home by any chance as he is already legally married to a Canadian man, Henry
Foster.
In Canada, the Immigration and Refugee Law deals with issues concerning legal rights, welfare,
protection and responsibilities of immigrants and refugees from foreign countries. This law also
regulates the legal mode and qualifications of foreign national’s admission into the country and
the conditions that would lead to disqualification and deportation of refugees and immigrants.
Basically, the Immigration and Refugee Protection Act (2002), which was derived from former
Immigration Act (1976), was meant to offer better services pertaining the process of application
and assimilation of foreigners into Canada.
The legislation is entirely guided by provisions mentioned in Immigration and Refugee
Protection Regulations, which has mandate over fair compliance to human rights and economic
growth.
The refugee claim submission letter should give true information about the claimant with
consideration of the following aspects;
i. Credibility;

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This means that someone is trustworthy or reliable when giving out the information required by
the authority. The applicant must give truthful information on reasons why the protection is a
fundamental or otherwise he would returned to the home country1. Credibility is very crucial
when determining the material facts which are key factors when making decisions in application
determination. The guidelines state that an individual has rights to natural justice when making
determination on whole process of finding the truth, and the person should not be denied the
opportunity to address their cases. Individual’s identity should be shown by legal documents as
required by Canadian rules and regulations2. He or she must not have any criminal record in their
country of origin and must give convincing reasons why they should seek refuge in Canada.
Credibility is much considered when citing the fears or risks that have compelled one to leave the
country of origin opt to seek refuge in Canada. Some people are not eligible to claim refugee
protection in Canada if they are under a removal order. In Canada, the Immigration and Refugees
Board, (IRB) make decisions on immigration and refugee claims independently without
intervention. For this reason, it’s advisable that immigrants give truthful information to the
Immigration Officers who review refugee claims and decide if it would be referred to the IRB.
Then the body decides whether an applicant is a person in need of protection or a Convention
refugee. A person needing state protection must prove to the Refugee Protection Division that he
or she is not willing or unable to return to their own countries because of impending danger,
1 Chan, Wendy. "Crime, deportation and the regulation of immigrants in Canada." Crime, law and social change 44,
no. 2 (2005): 153-180.
2 Rousseau, Cécile, François Crépeau, Patricia Foxen, and France Houle. "The complexity of determining refugeehood: a
multidisciplinary analysis of the decision‐making process of the canadian immigration and refugee board." Journal of refugee
studies 15, no. 1 (2002): 43-70.

4
torture, risk of life or unusual punishment3. The victims must provide Refugee Protection Board
(RPB) with sufficient evidence or credible testimony to prove the claim. At the same time, one
can’t be granted protected person status as a Convention refugee in another country. Refugee
claimant is not admissible to Canada if he/she is a criminal, had made a refugee claim previously
that was illegible or that previous claim was rejected by the IRB for known reasons. In addition,
the refugee may not be eligible to be referred to the IRB if the person arrived via Canada-United
States (US) border4.
According to the scenario, Khalil is aware of the importance to give his true story. The true, real-
life narrated story by Khalil, would ease and hasten his refugee application process. His
credibility would be highly considered and appreciated.
ii. NEXUS
NEXUS is a Trusted Traveler program sponsored by the U.S. and Canadian governments to pre-
screen citizens and allow them to expedite their border crossings without much questioning. By
using NEXUS ID, reduces travel risks by increasing the number of travelers who are recognized
by the United States and Canada. This card can also be used as a passport during travel. NEXUS
users enjoy efficient border crossing between the U.S and Canada through designated lanes, land
and sea border checkpoints and airport kiosks5. The Global Entry members and NEXUS
3 Dauvergne, Catherine. "International human rights in Canadian immigration law—the case of the immigration and refugee
board of Canada." Indiana Journal of Global Legal Studies 19, no. 1 (2012): 305-326
4 Béchard, Julie, and Sandra Elgersma. Bill C-31: An Act to amend the Immigration and Refugee Protection Act, the Balanced
Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act. Library of
Parliament, 2012.
5 Arbel, Efrat, and Alletta Brenner. "Bordering on failure: Canada-US border policy and the politics of refugee exclusion."
(2014).

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members can access Global Entry and TSA Pre-Check traveler program services at own their
convenience.
For qualification of NEXUS ID approval, the applicant must be a permanent resident or a legal
citizen of U.S.A or Canada with no criminal record nor customs or immigration violations.
Either country can deny an individual’s application, but must be approved by both countries.
NEXUS ID users are not required to apply for refugee claims through Immigration and Refugee
Board (IRB) as stated in the Safe Third Country Agreement6. Canada has made this agreement
with the U.S that recommends people who want to make refugee claim has to do so on arrival in
the first safe country. This shows that one entering Canada from the US at a land border, can’t
make a refugee claim unless he/she has a family in Canada7. According to Khalil’s case, the
refugee claim is acceptable and eligible so the immigration officer grants him a Referral letter
and a Basis of Claim form to complete within fifteen days and submit it to the Refugee
Protection Division office.
iii. Persecution versus Discrimination.
In Canada, refugees are protected by the Refugees Protection Division under Immigration and
Refugees Protection Act (IRPA), against any persecution in grounds of religion, tribe, national
and political influences or of being members of particular social groups8. An individual is
entitled security and protection when he or she is granted state protection for fear of being
6 Macklin, Audrey. "Disappearing refugees: Reflections on the Canada-US safe third country agreement." Colum. Hum. Rts. L.
Rev. 36 (2004): 365.
7 Darling, Kate. "Protection of stateless persons in international asylum and refugee Law." International Journal of Refugee
Law 21, no. 4 (2009): 742-767.
8 Béchard, Julie, and Sandra Elgersma. Bill C-31: An Act to amend the Immigration and Refugee Protection Act, the Balanced
Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act. Library of
Parliament, 2012.

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persecuted or discriminated after returning back to their home countries. In Canada, a protected
person is one who has been legally assessed and granted a refugee protection license. This will
ensure that the protected person under Canadian law, is not subjected to torture, death, unusual
punishment, insecurity or shortage of health and medical care9. According to Immigration and
Refugee Board (IRB), which was established in the year 1989, it is a duty to confer the status of
Convention refugees and protected persons in Canada through providing basic requirements. An
individual is not eligible to protection as a Convention refugee if he/she is discriminated and
already has been given a state protection status unless that discrimination is considered to
amount to persecution for a convention reason. This would happen if the discrimination has basis
to cause a serious basic human rights violation, which include social alteration of legal justice on
rights hindering one’s ability to enjoy family and private life, freedom of opinion, expression and
association. Again, other discriminatory measures which may amount to persecution are
restrictions on access to education, welfare and health care, religion practice, political
enfranchisement and access to public places10.
When these measures are put in place and enforced, it is therefore easy to distinguish
discrimination from persecution. The weight of one or more of these factors may cause
discrimination amount to persecution. It can also occur if discriminatory aspects are expressed in
9Campbell, Ruth M., A. G. Klei, Brian D. Hodges, David Fisman, and Simon Kitto. "A comparison of health access between
permanent residents, undocumented immigrants and refugee claimants in Toronto, Canada." Journal of Immigrant and Minority
Health 16, no. 1 (2014): 165-176.
10 Rekai, Peter. "US and Canadian Immigration Policies." CD Howe Institute Commentary 171 (2002).

7
an extreme way without state defense and depicts hostility and cumulative effects of harassment,
threats and restrictions11.
In Khalil’s story, we can spot how much he is discriminated by his schoolmates for having
heterosexual affairs at the university. He was subjected to humiliating remarks and treatment by
other students and by university faculty. He believes that some instructors marked his work more
harshly because of his homosexuality. While in Algeria, Khalil was persecuted for his
abominable character and put in custody twice. Although the charges were dropped after some
time, him and his counterpart were threatened verbally with more grave consequences if they
were caught again.
iv. Availability of State Protection.
In Canada, the Convention refugees and Persons needing state protection, are protected by
Immigration and Refugee Protection Act (IRPA), which has key objectives recognizing that the
refugee program is entirely focused to save lives as well as offering protection to those displaced
and persecuted. The Refugee Protection Division also provide refugees with resettlement
facilities and consider immigrants coming to Canada claiming state protection. The body that
gives protection to refugees is always aimed to focusing the immigrants who pose risk of
insecurity, death, being tortured, cruel treatment or unusual punishment and therefore sustains
them12. The Immigration and Refugee Board (IRB) 1989, was set up to confer Convention
11 Chan, Wendy. "Crime, deportation and the regulation of immigrants in Canada." Crime, law and social change 44, no. 2
(2005): 153-180.
12 Rousseau, Cécile, François Crépeau, Patricia Foxen, and France Houle. "The complexity of determining refugeehood: a
multidisciplinary analysis of the decision‐making process of the canadian immigration and refugee board." Journal of refugee
studies 15, no. 1 (2002): 43-70.

8
refugee and protected person status hence provide them with basic requirements like housing,
food, medical care and security.
This independent body is headed by the Chairperson who is appointed by the Governor in
Council, and an Executive Director. IRB has three sub-divisions incorporated in it. The first one
is Refugee Protection Division (RPD), that decides refugee protection status claims within
Canada. The second one is Refugee Appeal Division (RAD), whose duty is to review refugee
claims that have been rejected by the IRB. It came into force on 15th December 201213.
The third division comprise of two sub-divisions namely;
a) The Immigration Division and,
b) The Immigration Appeal Division.
The Immigration Division a tribunal that approves admissibility and detention cases review
while The Immigration Appeal Divisions decides appeals on removal orders concerning
refugees.
IRPA regulates the refugee system in Canada. The Immigration and Refugee Protection Act
(IRPA) regulates the Refugee and Humanitarian Resettlement Program which deals with refugee
resettlement scheme in Canada, and the In-Canada Asylum Program sees the welfare of the
persons who make their claims from inside the country14.
v. Internal flight alternative in Algeria.
13 Simich, Laura, Morton Beiser, and Farah N. Mawani. "Social support and the significance of shared experience in refugee
migration and resettlement." Western journal of nursing research 25, no. 7 (2003): 872-891.
14 Bauder, Harald. "Immigration debate in Canada: How newspapers reported, 1996–2004." Journal of International Migration
and Integration/Revue de l'integration et de la migration internationale 9, no. 3 (2008): 289-310.

9
In Algeria, any individual who has a known fear of persecution on the grounds of race, religion,
nationality, political opinion or membership of a particular social group is entitled to state
protection. However, Amnesty International is aware of human rights abuse in Algeria
considering the ground of persecution against a person. During persecution, each case has to be
presented and decided in the parameters of its own merits15. To avoid the claims to overlap, the
persecutor must consider the claim’s elements. Persecution ground may be attributed by several
factors that are social, physical or political based. Such grounds relating to cultural beliefs,
political and human rights activities, social interaction, religious and political status, will
definitely be considered inhuman.
In Algeria, Homosexuality is a taboo, as it is in the Middle East and many countries in Africa.
The society and the security forces in general, torture and harass those individuals whom their
sexual orientation is openly revealed16. For that reason, they tend to keep their sexual relations a
secret. Algerian law, hold homosexuals punishable and are charged by the law. According to
UNHCR statute, homosexuals are persecuted, face inhumane treatment and discrimination due to
homosexuality and whose government is unwilling to offer protection to them, should be
recognized as refugees.
The fear of being persecuted leads a person to seek refuge in other area where he/she finds safe.
According to UNHCR, these persons therefore opt for application of Internal Flight Alternative
15 Hathaway, James C., and Michelle Foster. "Internal protection/relocation/flight alternative as an aspect of refugee status
determination." (2003).
16 Murray, David AB. Real queer?: Sexual orientation and gender identity refugees in the Canadian refugee apparatus. Rowman
& Littlefield International, Limited, 2015.

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where the state authorities are willing to protect their rights but it’s sometimes hard to assure
such protection in the country of nationality. Tribalism and racism should not hinder one from
getting a refugee status but issues concerning security aspects, human rights, socio-economic
factors and political aspiration of individuals must be observed. Inability to survive in particular
regions in the country is considered when granting international protection, questions on an
economic nature like access to suitable employment can be avoided during qualification
assessment17.
Khalil would not be allowed to claim protection in Algeria because of his status. According to
Guy Goodwin-Gill, it would be impossible to apply internal flight alternative when there is
evidence of affordable protection in another region in Asylum seeker’s country of origin or a
chance of maintaining some sort of social and economic existence in home country. Also, the
internal movement of an Asylum seeker, is considered ‘unreasonable’ regarding the above
perceptions. As Khalil’s discrimination and persecutions were advancing, he could not take it
anymore in Algeria. This is the main reason behind his option to seek refuge in Canada.
Potential inadmissibility issues on Khalil’s claim.
i. Criminality.
The refugee claim can be ineligible if a refugee protection had been granted under the
Immigration and Refugee Protection Act (IRPA) or if the claim for protection status had
previously been presented and because of a known reason rejected by IRB or when the person
has been recognized as a Convention refugee in the country of origin. Furthermore, a criminal
17 Chan, Wendy. "Crime, deportation and the regulation of immigrants in Canada." Crime, law and social change 44, no. 2
(2005): 153-180.

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record like insecurity, human rights violation, violation of national law and international rights,
serious criminality or organized crime18. A person will be inadmissible if he or she has a positive
pre-removal risk assessment (PRRA). A claimant who arrives at a land border Port of Entry
(POE) from the U.S may not be eligible for referral to the IRB under paragraph A101(1)(e).
Convictions outside Canada could lead to inadmissibility or a jail sentence of ten years under
parliament act.
Khalil might be questioned by the Immigration and Refugee Protection Act because of changing
his protection status as a student who had an education permit. Sometimes one should not make a
refugee claim while still enjoying protection in Canada.
ii. Health grounds.
The Interim Federal Health Program (IFHP) covers medical services for refugees coming to
resettle in Canada. These services include medical support needed for safe travel, vaccinations,
medical exams and follow-up services and outbreak management and control. Other services
include immunization and contraception19.
Khalil was tested and the doctor realized an enlarged prostate a while after he had made his
refugee claim. His condition could later develop to prostate cancer and he is not in a position of
reporting the case to Interim Federal Health Program so as to benefit with Organization’s free
18 Simeon, James C., ed. The UNHCR and the supervision of international refugee law. Cambridge University Press, 2013.
19 Gabriel, Patricia S., Cecily Morgan-Jonker, Charlene MW Phung, Rolando Barrios, and Janusz Kaczorowski. "Refugees and
health care–the need for data: understanding the health of government-assisted refugees in Canada through a prospective
longitudinal cohort." Canadian Journal of Public Health 102, no. 4 (2011): 269-272.

12
medical services like any other refugee under the program20. Therefore, Khalil would be forced
to undertake the required treatments on his own expenses.
Conclusion.
In Canada, all refugees are protected by law despite their origin. They have fundamental rights
and freedoms like any citizen. I.R.P.A provides them with legal rights, protection, welfare and
health requirements. Khalil being unwilling to return to Algeria, has been compelled to follow
regulations dictated by Immigration and Refugee Protection Act (IRPA) and in his application
letter, he ought to show high degree of credibility as to why he would take refuge in Canada. For
Immigration Refugee Board to offer him protection as a convention refugee, he should not in any
instance, have criminal record. Therefore, the board is mandated to approve and offer him
protection in Canada. Khalil is inadmissible in Canada because he has no criminal record after
all. Also the Interim Federal Health Program (IFHP), has not pointed him out for having any
health complication that would hinder his living in Canada as a Convention refugee.
Bibliography
Anker, Deborah E. "Refugee law, gender, and the human rights paradigm." Harv. Hum. Rts.
J. 15 (2002): 133.
Arbel, Efrat, and Alletta Brenner. "Bordering on failure: Canada-US border policy and the
politics of refugee exclusion." (2014).
20 Campbell, Ruth M., A. G. Klei, Brian D. Hodges, David Fisman, and Simon Kitto. "A comparison of health access between
permanent residents, undocumented immigrants and refugee claimants in Toronto, Canada." Journal of Immigrant and Minority
Health 16, no. 1 (2014): 165-176.

13
Bauder, Harald. "Immigration debate in Canada: How newspapers reported, 1996–
2004." Journal of International Migration and Integration/Revue de l'integration et de la
migration internationale 9, no. 3 (2008): 289-310.
Béchard, Julie, and Sandra Elgersma. Bill C-31: An Act to amend the Immigration and Refugee
Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and
the Department of Citizenship and Immigration Act. Library of Parliament, 2012.
Campbell, Ruth M., A. G. Klei, Brian D. Hodges, David Fisman, and Simon Kitto. "A
comparison of health access between permanent residents, undocumented immigrants and
refugee claimants in Toronto, Canada." Journal of Immigrant and Minority Health 16, no. 1
(2014): 165-176.
Chan, Wendy. "Crime, deportation and the regulation of immigrants in Canada." Crime, law and
social change 44, no. 2 (2005): 153-180.
Darling, Kate. "Protection of stateless persons in international asylum and refugee
Law." International Journal of Refugee Law 21, no. 4 (2009): 742-767.
Fleury, Jean-Guy. "Canadian values at work: The Immigration and Refugee Board." Canadian
Issues (2004): 41.
Gabriel, Patricia S., Cecily Morgan-Jonker, Charlene MW Phung, Rolando Barrios, and Janusz
Kaczorowski. "Refugees and health care–the need for data: understanding the health of
government-assisted refugees in Canada through a prospective longitudinal cohort." Canadian
Journal of Public Health 102, no. 4 (2011): 269-272.

14
George, Usha. "Immigration and Refugee Policy in Canada: Past, Present, and Future
17." Canadian social policy: Issues and perspectives (2006): 349
Goldring, Luin, Carolina Berinstein, and Judith K. Bernhard. "Institutionalizing precarious
migratory status in Canada." Citizenship studies 13, no. 3 (2009): 239-265.
Hathaway, James C., and Michelle Foster. "Internal protection/relocation/flight alternative as an
aspect of refugee status determination." (2003).
Kagan, Michael. "Is truth in the eye of the beholder-objective credibility assessment in refugee
status determination." Geo. Immigr. LJ 17 (2002): 367.
Kelley, Ninette. "The Convention refugee definition and gender-based persecution: A decade's
progress." Int'l J. Refugee L. 13 (2001): 559.
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migrant rights in Canada." Refuge 21, no. 3 (2003): 66-72.
LaViolette, Nicole. "Coming out of Canada: The immigration of same-sex couples under the
Immigration and Refugee Protection Act." McGill LJ 49 (2003): 969
Macklin, Audrey. "Disappearing refugees: Reflections on the Canada-US safe third country
agreement." Colum. Hum. Rts. L. Rev. 36 (2004): 365.
Murray, David AB. Real queer?: Sexual orientation and gender identity refugees in the
Canadian refugee apparatus. Rowman & Littlefield International, Limited, 2015.
Rekai, Peter. "US and Canadian Immigration Policies." CD Howe Institute Commentary 171
(2002).

15
Rousseau, Cécile, François Crépeau, Patricia Foxen, and France Houle. "The complexity of
determining refugeehood: a multidisciplinary analysis of the decision‐making process of the
canadian immigration and refugee board." Journal of refugee studies 15, no. 1 (2002): 43-70.
Simeon, James C., ed. The UNHCR and the supervision of international refugee law. Cambridge
University Press, 2013.
Simich, Laura, Morton Beiser, and Farah N. Mawani. "Social support and the significance of
shared experience in refugee migration and resettlement." Western journal of nursing
research 25, no. 7 (2003): 872-891.