Applying for asylum: What goes into making a refugee claim

Gaining refugee status in Canada Getting across the border is just the first step for refugee claimants. Josh Crabb looks at how not everyone is granted refugee status.

As the number of asylum seekers in Manitoba continues to rise, some are now beginning to find out whether they will be allowed to stay in Canada.

Ahmed Osaa won't soon forget his journey to find freedom.

He left his home country of Ghana more than two years ago to escape persecution. Following a long and dangerous trip from Ecuador to the United States, he arrived in Canada late last year.

"I remember that day,” said Osaa. “I don't want to forget it."

On a cold night in November 2016, Osaa crossed the Canada – U.S border illegally by foot near Emerson in hopes of making a refugee claim.

Osaa said he made a refugee claim in the United States, which was denied and he was afraid he'd be sent home – that’s what brought him to Canada.

Canada has a safe third country agreement with the United States meaning those who want to make a refugee claim have to do so in the first safe country they arrive in. Many are choosing to cross illegally, because once they reach Canadian territory they get the opportunity to make a refugee claim in Canada.

“They are entitled under our law to make a refugee claim,” said Winnipeg immigration lawyer Ken Zaifman. “That claim is adjudicated through the immigration and refugee division and there's a refugee determination process, which they are entitled to access."

Osaa’s hearing happened in Winnipeg in early February.

"I was given a chance to bring in evidence to support my case and I was given a lawyer [through legal aid]," said Osaa.

Two months after he crossed the border by foot, Osaa said the Immigration and Refugee Board of Canada ruled in his favour meaning he can stay in Canada and apply to become a permanent resident.

"I didn't know whether to shout or to cry because it's happened to me,” said Osaa. “I was so surprised ‘oh wow’ I was thinking it's not going to be that easy for me making this [claim]."

Not everyone who makes a refugee claim in Canada is granted refugee status.

From January to September 2016, 12,195 cases across the country were finalized by the Immigration and Refugee Board of Canada’s Refugee Protection Division. Of those claims, 7,579 were accepted and 3,658 were rejected.

“Many of them if they’ve been refused in the United States may be refused in Canada,” said Zaifman. “I’m not saying for certain that’s the case, but the likelihood is a number of them will be refused.”

If a claim is rejected asylum seekers have the option to request a review of the decision, if they’re denied again they could be returned to their country of citizenship.

Osaa now receives provincial government assistance to pay his rent and cover the bills. He shares a small room in an apartment with 3 other Ghanaian men. He's waiting to get a work permit so he can get a job.

"I'm praying that I will get my own place in the near future," said Osaa.

For now he wants to give back to the country he now considers home, and is volunteering with the Canadian Muslim Women's Institute.

Between Jan. 1 and Feb. 24, the Manitoba government received 40 applications for Employment and Income Assistance from recent asylum seekers.

If their applications are approved, they receive $735 per month to put towards rent and other housing costs.