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Refugee Protection

 Seeking Protection ?

Canada offers protection to individuals who cannot safely return to their home country due to a well-founded fear of persecution or a risk to life, liberty, or security.

Seeking Asylum in Canada can be a complex and high-stakes process. At MGiaccari Immigration Consulting, we provide end-to-end support for individuals pursuing refugee protection, ensuring your rights are protected and your application is as strong as possible. 

We provide representation and legal support for refugee protection claims before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.

Who Qualifies For Refugee Protection 


Under Canada's Immigration and Refugee Protection Act (IRPA), refugee protection (also called Seeking asylum) is available to individuals who meet the definition of a Convention Refugee or a Protected Person:

A Convention refugee is someone who is outside their home country and, because of a well‑founded fear of persecutiondue to race, religion, nationality, political opinion, or membership in a particular social group, cannot safely return. 

A Protected Person is someone who does not necessarily meet the Convention refugee definition but would face torture, risk to life, or cruel and unusual treatment or punishment if returned to their country of origin


You may be able to claim refugee protection (asylum) from within Canada or from outside of Canada

Individuals who fear these types of risks in their home country may be able to make a claim refugee protection in Canada. This may also apply to stateless persons who cannot safely return to the country of origin.

Understanding these legal definitions is essential for preparing a strong refugee protection claim and choosing the correct strategy for your case.


Refugee claims made in Canada are decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). The RPD is responsible for determining whether a claimant meets the legal definition of a Convention Refugee or a Protected Person under the Immigration and Refugee Protection Act.

Careful preparation of the claim, supporting documentation, and testimony is essential to presenting a clear and credible case before the RPD.

Humanitarian and Compassionate Consideration 


Under Canadian immigration law, Humanitarian and Compassionate (H&C) considerations provide a pathway for individuals who may not meet the standard eligibility requirements for permanent residence but face exceptional circumstances that warrant special consideration. 

In the context of refugee protection, H&C applications allow decision-makers to consider factors such as the applicant’s establishment in Canada, family and community ties, best interests of any children involved, and any hardships or risks they would face if required to leave Canada. 

H&C assessments are highly individualized and aim to balance the principles of compassion and fairness with Canadian immigration objectives, ensuring that vulnerable individuals are given an opportunity to remain in Canada under circumstances that justify special consideration.​

Our Refugee Protection Services 


We assist clients at every stage of the refugee claim process, including:

  • Assessment of eligibility for refugee protection
  • Preparation and filing of refugee claims
  • Completion of the Basis of Claim (BOC) form
  • Collection and organization of supporting evidence
  • Country condition and documentary research
  • Preparation for Refugee Protection Division hearings
  • Explaining the hearing process and expectations
  • Legal submissions and hearing advocacy​

​Getting Started with Us

Navigating the refugee protection process in Canada can be complex and emotionally challenging. Each case requires careful preparation, strong supporting evidence, and a clear understanding of the legal requirements.

At MGiaccari Immigration Consulting, we provide personalized guidance to help you understand your options, prepare your claim, and present your case effectively. From assessing your eligibility to preparing documentation and representing you throughout the process, we are committed to supporting you every step of the way.

Contact us today to learn how we can assist you in seeking protection and building a safer future in Canada.

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