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Interpretative Guide to the Sponsorship Rational

                                                  Question 1. Eligibility

-       Convention Refugees Abroad are convention refugees1 residing outside of Canada. Ensure the person
        sponsored is outside of Canada because people living in Canada including failed refugee claimants and
        people without status cannot be sponsored by private sponsor

-       Convention grounds - the fear of persecutions of the applicant should be related to race, religion,
        nationality, membership in a particular social group or political opinion,

-       Outside of Country of citizenship or habitual residence- the applicants should be outside of his
        country of citizenship. If they are stateless, they have to be outside of their country of habitual residence

-       Well-founded fear of persecution – by reviewing the story of the applicant, assesses if the fear of
        persecution is objectively well-founded in light of the situation in the country. Looking into past
        persecution of the applicant or persecution of people in a similar condition to the applicant will help
        you to determine if the fear is well-founded or not.

-       Persecution – make sure the applicants will actually face persecution i.e they will encounter a continual
        or systematic violation of fundamental human rights and cannot get the protection of their state such
        police and judicial system. Deprivation of Economic interest, poverty, lack of access to education,
        health and other service are not normally considered persecutions.

-       Race describes an ethnic group, tribe, or other closely related set of people with descent from a single
        source. This refers if an applicant is singled out for persecution because of skin color, facial features
        and hair texture or other self-identifications.

-       Nationality encompasses “citizenship” and ethnic or linguistic groups.

-       Religion – this is relevant when a refugee was persecuted for worship certain religious belief. For
        instance, if the applicant is prohibited from enjoying his Freedom of religion includes the right to
        manifest the religion in public, or private, in teaching, practice, worship and observance. Additionally,
        it includes forced conversion; punishment for failing to convert or for apostasy (conversation of one’s
        religion)

-       Particular Social Group- includes applicant who are persecuted because of their gender, sexual
        orientation and members of trade union or profession associations. Typical examples are women and
        homosexuals.

-       Political Opinion- for those who are persecuted for expressing their opinion against the state or
        perceived to have a critical opinion on any matter in which the machinery of state, government, and
        policy may be engaged. It may also be implied and against a non state actor such an insurgents or rebel
        groups.

    1
      A Convention refugee is a person who by reason of a well-founded fear of persecution for reasons of race,
    religion, nationality, membership in a particular social group or political opinion,

              (a) is outside each of their countries of nationality and is unable or, by reason of that fear, is unwilling to
              avail themselves of the protection of each of those countries, or

              (ii) not having a country of nationality, is outside their country of former habitual residence and is unable
              or, by reason of that fear, unwilling to return to that country.
-       Country of Asylum Class2- “seriously and personally” to those who are still traumatized because their
        past persecution for example victims of torture and rape and violence..

-       Source Country Class3 – it is only used for internally displaced applicants who are citizen or
        habitually resident of the six country enlisted in the source country list i.e. Sudan, Congo DRC, Serra
        Leon, Guatemala, El-Salvador and Colombia. For instance, Human right defenders who are in hiding or
        people residing in refugee camps within their own country can apply under this category.

-       Question 1. 4: Requires you to write what you think the applicant qualifies for sponsorship. In your
        submission, identify how the story of refugees relates to the above mentioned elements of the eligibility
        criteria.

                                         -   Question 2 - Durable Solution

-       The three durable solutions for refugees are Voluntary Repatriation or Return to the Country of Origin,
        Local Integration in the Country of Asylum or Resettlement to a Third Country. Refugees qualify for
        sponsorship if they are unable to neither return to their country of origin nor locally integrate in where
        they are.

-       Voluntary repatriation – check if the applicant is unable to return

-       Local integration – you can submit sponsorship applicant if the applicant is unable to work, travel ,
        study or access the health, and social service of the country of asylum.

-       Resettlement to Other Countries – if the applicant is offered resettle to other countries or is actually
        resettled to another country, he or she will not qualify for sponsorship to Canada.

-       Question 2.4 Once again, you need to relate the story of the refugee and indicate why the refugee
        should be resettled to Canada because he or she does not have other durable solutions.
    2
        A member of the Country of Asylum Class (RA) as a person
                  • who is outside his or her country of citizenship or habitual residence;
                  • who has been, and continues to be, seriously and personally affected by civil war or armed conflict
                      or who has suffered massive violations of human rights;
                  • for whom there is no possibility of finding an adequate solution to his or her situation within a
                      reasonable period of time; and
                  • who will be privately sponsored or who has adequate financial resources to support himself or
                      herself and any dependants.

    3
        Source Country Class is a person:
                  • who resides in his or her country of citizenship or habitual residence;
                  • who has been and continues to be seriously and personally affected by civil war or armed conflict;
                  • who has suffered serious deprivation of his or her right of freedom of expression, right of dissent
                      or right to engage in trade union activity and who has been detained or imprisoned as a
                      consequence;
                  • who fears persecution for reasons of race, religion, nationality, membership in a particular social
                      group or political opinion;
                  • for whom there is no possibility of finding an adequate solution to his or her situation within a
                      reasonable period of time;
                  • who resides in a country that has been designated as a source country (refer to Schedule 2 of the
                      Immigration and Refugee Protection Regulations); and
                  • who will be privately sponsored or assisted by the government or who has adequate financial
                      resources to support himself or herself and any dependants

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E1 a11 private refugee sponsorship applications_interpretative guide to the sponsorship rational

  • 1. Interpretative Guide to the Sponsorship Rational Question 1. Eligibility - Convention Refugees Abroad are convention refugees1 residing outside of Canada. Ensure the person sponsored is outside of Canada because people living in Canada including failed refugee claimants and people without status cannot be sponsored by private sponsor - Convention grounds - the fear of persecutions of the applicant should be related to race, religion, nationality, membership in a particular social group or political opinion, - Outside of Country of citizenship or habitual residence- the applicants should be outside of his country of citizenship. If they are stateless, they have to be outside of their country of habitual residence - Well-founded fear of persecution – by reviewing the story of the applicant, assesses if the fear of persecution is objectively well-founded in light of the situation in the country. Looking into past persecution of the applicant or persecution of people in a similar condition to the applicant will help you to determine if the fear is well-founded or not. - Persecution – make sure the applicants will actually face persecution i.e they will encounter a continual or systematic violation of fundamental human rights and cannot get the protection of their state such police and judicial system. Deprivation of Economic interest, poverty, lack of access to education, health and other service are not normally considered persecutions. - Race describes an ethnic group, tribe, or other closely related set of people with descent from a single source. This refers if an applicant is singled out for persecution because of skin color, facial features and hair texture or other self-identifications. - Nationality encompasses “citizenship” and ethnic or linguistic groups. - Religion – this is relevant when a refugee was persecuted for worship certain religious belief. For instance, if the applicant is prohibited from enjoying his Freedom of religion includes the right to manifest the religion in public, or private, in teaching, practice, worship and observance. Additionally, it includes forced conversion; punishment for failing to convert or for apostasy (conversation of one’s religion) - Particular Social Group- includes applicant who are persecuted because of their gender, sexual orientation and members of trade union or profession associations. Typical examples are women and homosexuals. - Political Opinion- for those who are persecuted for expressing their opinion against the state or perceived to have a critical opinion on any matter in which the machinery of state, government, and policy may be engaged. It may also be implied and against a non state actor such an insurgents or rebel groups. 1 A Convention refugee is a person who by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, (a) is outside each of their countries of nationality and is unable or, by reason of that fear, is unwilling to avail themselves of the protection of each of those countries, or (ii) not having a country of nationality, is outside their country of former habitual residence and is unable or, by reason of that fear, unwilling to return to that country.
  • 2. - Country of Asylum Class2- “seriously and personally” to those who are still traumatized because their past persecution for example victims of torture and rape and violence.. - Source Country Class3 – it is only used for internally displaced applicants who are citizen or habitually resident of the six country enlisted in the source country list i.e. Sudan, Congo DRC, Serra Leon, Guatemala, El-Salvador and Colombia. For instance, Human right defenders who are in hiding or people residing in refugee camps within their own country can apply under this category. - Question 1. 4: Requires you to write what you think the applicant qualifies for sponsorship. In your submission, identify how the story of refugees relates to the above mentioned elements of the eligibility criteria. - Question 2 - Durable Solution - The three durable solutions for refugees are Voluntary Repatriation or Return to the Country of Origin, Local Integration in the Country of Asylum or Resettlement to a Third Country. Refugees qualify for sponsorship if they are unable to neither return to their country of origin nor locally integrate in where they are. - Voluntary repatriation – check if the applicant is unable to return - Local integration – you can submit sponsorship applicant if the applicant is unable to work, travel , study or access the health, and social service of the country of asylum. - Resettlement to Other Countries – if the applicant is offered resettle to other countries or is actually resettled to another country, he or she will not qualify for sponsorship to Canada. - Question 2.4 Once again, you need to relate the story of the refugee and indicate why the refugee should be resettled to Canada because he or she does not have other durable solutions. 2 A member of the Country of Asylum Class (RA) as a person • who is outside his or her country of citizenship or habitual residence; • who has been, and continues to be, seriously and personally affected by civil war or armed conflict or who has suffered massive violations of human rights; • for whom there is no possibility of finding an adequate solution to his or her situation within a reasonable period of time; and • who will be privately sponsored or who has adequate financial resources to support himself or herself and any dependants. 3 Source Country Class is a person: • who resides in his or her country of citizenship or habitual residence; • who has been and continues to be seriously and personally affected by civil war or armed conflict; • who has suffered serious deprivation of his or her right of freedom of expression, right of dissent or right to engage in trade union activity and who has been detained or imprisoned as a consequence; • who fears persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion; • for whom there is no possibility of finding an adequate solution to his or her situation within a reasonable period of time; • who resides in a country that has been designated as a source country (refer to Schedule 2 of the Immigration and Refugee Protection Regulations); and • who will be privately sponsored or assisted by the government or who has adequate financial resources to support himself or herself and any dependants