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.

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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).