The Canadian Asylum Process: A Guide for Nigerians

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Fleeing danger and rebuilding your life can feel impossible. But Canada offers a ray of hope! This guide will break down the asylum process for Nigerians, showing you step-by-step how it works, who qualifies, and how the US-Canada border agreement affects your claim. It’s not always smooth sailing, but with the right knowledge, you can increase your chances of finding safety and a fresh start in Canada.

The Immigration and Refugee Protection Act (IRPA) governs Canada’s asylum system, which is overseen by the Immigration and Refugee Board of Canada (IRB).

The type of protection a nation provides to individuals who have left their own country and are unable to return because of fear of being persecuted is known as asylum.

In Canada, the IRB organizes hearings to make a final decision on refugees’ claims, using their assessment of both the credibility of refugees’ stories and country conditions, supplemented with the analysis of applicable laws and international conventions.

Reasons for Seeking Asylum in Canada: A Case Study of Nigeria.

Nigerians could look for asylum for a multitude of reasons, such as political persecution, religious unrest, and insecurity in their home country.

These factors usually force people to migrate for safety reasons. Let’s take a look at some of the primary reasons why Nigerians may seek asylum in Canada:

Political Persecution

Nigeria is known for its history of political instability, corruption, and human rights violations. Media personnel, activists, and political opponents are liable to be silenced on specific issues due to a government crackdown on those in favor of anti-corruption initiatives or political change.

A typical case is Kemi Olunloyo, the Nigerian journalist, who went through abuse, threats, and arrest based on her investigative reports on politics and social problems.

Kemi sought asylum in Canada, and she managed to get one to rescue herself from persecution and operate in an environment devoid of intimidation and threats.

Surprisingly, in August 2012, she was arrested from her apartment in Toronto by the agents of the Canada Border Services Agency.

Unfortunately for her, when her refugee visa was not renewed, they found her to be a flight risk and detained her at the Vanier Center for Women until she was deported to Nigeria.

Religious Crisis

Nigeria is deeply divided due to religious issues, which has greatly triggered violent acts and religious persecution between Christians and Muslims.

In the northern part of Nigeria, the insurgency by the terrorist group Boko Haram, has led to mass displacement and insecurity.

Villages are being captured, and thousands of people are forced to leave their homes as they seek refuge in internally displaced persons (IDP) camps.

Nigerian asylum seekers can claim reasons of religious persecution and danger from groups such as Boko Haram as the reasons for their requesting asylum in Canada.

Insecurity and Ethnic Conflict

The conflict between herders ad farmers in states such as Benue, Taraba, and, Plateau, has grown into a crisis that is now causing the loss of lives, displacement, and destruction of communities. The horror of violence displaced many Nigerians who tried to find safety elsewhere.

This leads to an increase in the number of individuals from affected regions who seek asylum in Canada to escape the insecurity and instability that dominate their communities.

Eligibility Criteria for Asylum In Canada

If you make a refugee claim, the board will decide if it can be referred to the Immigration and Refugee Board of Canada (IRB). The IRB is an independent tribunal that makes decisions on immigration and refugee matters.

Your refugee claim may not be eligible to be referred to the IRB if you are recognized as a Convention refugee by another country that you can return to.
Were granted protected person status in Canada.
Arrived via the Canada-United States border.
Have made a refugee claim in another country, as confirmed through information-sharing are not admissible to Canada on security grounds or because of criminal activity or human rights violations.
Made a previous refugee claim that was not found eligible.
Made a previous refugee claim that was rejected by the IRB.
Abandoned or withdrew a previous refugee claim.

The IRB decides who is a Convention refugee or a person in need of protection. Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on:

Race
Religion
Political opinion
Nationality
Being part of a social group, such as women or people of a particular sexual orientation.

Refugee Status

Canada offers refugee protection to some people in Canada who fear persecution or who would be in danger if they had to leave. Some dangers they may face include:

Torture
Risk to their life
Risk of cruel and unusual treatment or punishment.
If you feel you could face one of these risks if you go back to your home country or the country where you normally live, you may be able to seek protection in Canada as a refugee.

How to apply

If you are currently in Nigeria, you cannot apply for the Canadian asylum program outside Canada. However, asylum seekers can submit their applications at the port of entry or from within Canada.

It consists of several stages, such as:

Eligibility determination
An interview conducted either by an immigration officer or a refugee protection officer
A hearing before the IRB.

The US-Canada Border Deal: Combating the Influx of Asylum Seekers

In March 2023, the United States and Canada, renewed an agreement called the Safe Third Country Agreement (STCA), that allows both countries to work together to process the flow of refugee applicants across the shared land border.

The goal is to restrict the number of asylum seekers entering Canada through unofficial entry points and decrease the number of entries from the United States.

These modifications gave Canadian and US border officers the ability to turn away refugees who entered either country without one of four exceptions: family member, unaccompanied minor, as a document holder, or in the public interest.

According to Reuters, more than 39,000 claimants crossed into Canada through unauthorized border crossings, mostly into Quebec through an unpaved path off Roxham.

The decision made by Canada to bar entry to asylum seekers on land borders should be considered in the complexity of 2023.

The international refugee crisis has seen many countries dealing with the huge challenge of an uncontrolled flow of people into their territories claiming asylum.

Canada’s decision could have been driven by concerns about its capacity to support and provide for a growing number of asylum seekers properly.

This decision demonstrates no doubt that the country has already changed its method of immigration as government officials place more emphasis on national security and control.

Even though this measure might seem harsh to some people, it is necessary to look at the bigger picture and the fact that Canada, as well as many other countries, is facing the difficult task of meeting the needs of its citizens and asylum seekers.

Concerns for Nigerians

While seeking asylum in Canada, Nigerians might have to face the hurdles of a Safe Third Country Agreement, which prohibits entering another ‘safe” country and then seeking asylum at the official points of entry.

It may lead them to go for unlawful border crossings, which may result in their detention or deportation.

These challenges manifest the need for language and cultural support services, as well as legal advice, to overcome the asylum process.

Conclusion

The Canadian asylum process can be a source of both hope and safety for people who were compelled to leave Nigeria due to persecution and need a new, safe life.

If you are planning to use this path to travel from Nigeria to Canada, you now know the things involved.

Nigerian asylum seekers are urged to follow the laid-down guidelines and seek legal advice to increase the chances of a positive outcome.