International Students: Seeking Refugee Status In Canada

Canada has seen a rise in the number of international students applying for asylum, with nearly 14,000 claims made in the first nine months of 2024. This has sparked concerns within the Canadian government, with Immigration Minister Marc Miller calling it an alarming trend and suggesting that students are exploiting the system to gain backdoor entry into the country. However, others argue that the focus should be on the institutions that exploit students for profit and place them in vulnerable situations. While international students in Canada can apply for asylum, there is no guarantee of being granted protection and allowed to stay in the country.

International students applying for refugee status in Canada

International students applying for asylum in Canada

International students can apply for asylum in Canada, and there has been a notable increase in the number of students doing so. Between January 1 and September 30, 2024, international students filed over 13,600 asylum claims, with nearly 1500 of those students on a study permit extension. This is a significant increase from 2023, which saw 12,000 asylum claims, and a massive jump from 2018, which saw only 1,810 claims.

Canada's Immigration Minister, Marc Miller, has called this a "growing" and "alarming trend", suggesting that students are using the international student program as a "backdoor entry" into Canada. Miller also raised concerns about students being counselled by third parties to provide false information in their applications. However, others argue that the focus should be on the institutions that exploit students for profit and place them in vulnerable situations, rather than vilifying the 98% of international students who did not apply for asylum.

It is important to note that claiming asylum does not guarantee that an individual will be granted protection and allowed to stay in Canada. While it may provide temporary relief, obtaining permanent residency through asylum is challenging and involves rigorous legal processes. False or unsupported claims can lead to serious repercussions, including legal action and potential removal from the country.

To apply for asylum in Canada, individuals must be referred by the United Nations Refugee Agency, a designated referral organization, or a private sponsor.

The challenges of obtaining permanent residency through asylum

International students can apply for asylum in Canada, and in the first nine months of 2024, nearly 14,000 did so. However, obtaining permanent residency through asylum is challenging and involves rigorous legal processes. Here are some key challenges to be aware of:

Rigorous Legal Processes

The process of applying for asylum involves a thorough examination of an individual's claim. Applicants must provide valid reasons for seeking asylum and demonstrate a well-founded fear of persecution or risk of returning to their home country. False or unsupported claims can lead to serious repercussions, including legal action and potential removal from Canada.

No Guarantee of Protection

Even if an international student's asylum claim is accepted, there is no guarantee that they will be granted protection and allowed to stay in Canada permanently. Each case is assessed individually, and approval is not a guarantee of permanent residency.

Safe Third Country Agreement (STCA)

Canada has an agreement with the United States, known as the STCA, which restricts asylum claims at the Canadian-US border. This agreement applies to asylum seekers at official and unofficial border crossings. If an individual has travelled through the US and attempts to claim asylum at the Canadian border, they will be turned away and instructed to make their claim in the US.

Screening and Monitoring by Educational Institutions

The rise in asylum claims by international students has led to concerns about the potential exploitation of the system. Canadian universities and colleges are now encouraged to improve their screening and monitoring practices to identify and address any improper or opportunistic claims.

Work Permit Challenges

Asylum seekers may encounter challenges in obtaining work permits. Work permits can create unequal power relations between the migrant and their employer, leading to the potential for exploitation. Additionally, the prospect of obtaining a permanent residence permit after years of work can be uncertain and complex.

Obtaining permanent residency through asylum in Canada involves navigating a rigorous and challenging process. While international students can apply for asylum, it is important to be aware of the difficulties and uncertainties that may arise during this complex journey.

The rise in asylum seekers and its impact on Canadian policy

Canada has seen a significant increase in asylum seekers in recent years, with a record number of claims made in 2023—over 1.5 times the previous year's total. This trend has continued into 2024, with nearly 14,000 asylum claims made by international students in the first nine months. This surge in asylum seekers is occurring amidst a backdrop of global upheaval, with approximately 110 million people forcibly displaced from their homes due to persecution, conflict, and human rights violations.

The rise in asylum seekers has had a notable impact on Canadian policy, particularly regarding international students. The Canadian government has expressed concern over the growing number of international students seeking asylum, with Immigration Minister Marc Miller characterising it as an "alarming trend". Miller has suggested that some students are exploiting the system by filing asylum claims soon after their arrival, sometimes for less valid reasons such as lowering their tuition fees. In response, Miller has called on the College of Immigration and Citizenship Consultants (CICC) to investigate licensed consultants who may be improperly advising international students to file asylum claims.

To address the increase in asylum seekers, Canada implemented several policy changes aimed at reducing the number of temporary residents in the country. In September 2024, the government reduced the international study permit target by 10% from the 2024 target of 485,000. Additionally, the Safe Third Country Agreement (STCA) between Canada and the United States was expanded in March 2023 to include asylum seekers intercepted between land ports of entry, resulting in a significant drop in irregular crossings.

Despite these efforts, the number of asylum claims continues to rise, and Canada remains committed to upholding the rights of asylum seekers. Under Canadian law, asylum seekers have the right to have their claims assessed and are protected from deportation while their applications are being processed. Asylum seekers in Canada are entitled to access healthcare, open bank accounts, and apply for work permits. The government has also emphasised that the increase in asylum claims does not reflect a lack of thoroughness in the temporary resident visa or study permit application process.

The role of institutions in the increase of asylum claims

International students in Canada can apply for asylum, and there has been a notable increase in asylum claims in recent years. In 2024, nearly 14,000 international students in Canada applied for asylum, marking a 14% jump from 2023 and a significant increase from 1,810 claims in 2018. This rise in asylum claims has sparked concerns within the Canadian government and media, with some characterising it as an "alarming trend" or a "meltdown" of the refugee system.

On the other hand, institutions also play a crucial role in processing and assessing asylum claims. In Canada, the Immigration, Refugees and Citizenship Canada (IRCC) is responsible for determining the eligibility of asylum claimants. The IRCC assesses whether individuals meet the United Nations definition of a Convention refugee or are in need of protection. The Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) then conducts hearings for eligible claimants. The IRB's decisions are grounded in legal frameworks, and many asylum claims are rejected if individuals do not meet the stringent criteria for protection.

While the increase in asylum claims has caused concerns, it is important to understand the context and systemic issues behind the numbers. International students often face financial challenges, including rising tuition fees, high living costs, and limited work opportunities, which can push them into a desperate situation. Additionally, there is a lack of understanding about how asylum works in Canada, with many Canadians contributing to a moral panic fuelled by misinformation and sensational media narratives.

To address the increase in asylum claims, the Canadian government has proposed several measures. Minister Miller suggested that fast-tracking refugee refusals, increasing staff capacity, and conducting outreach and awareness campaigns to inform students about their options could help reduce the number of asylum claims. Additionally, the College of Immigration and Citizenship Consultants (CICC) has been tasked with investigating licensed consultants and unauthorised practitioners who may be improperly advising international students.

Refugee resettlement programs and referral processes

International students in Canada have been applying for asylum in increasing numbers. Between January 1 and September 30, 2024, international students filed over 13,600 asylum claims. However, there is no guarantee that a claimant will be granted protection and allowed to stay in Canada.

To be resettled in Canada as a refugee, you must be referred by the United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group. You cannot apply directly to Canada as a refugee. Refugees who are referred for resettlement to Canada by the UNHCR and other partners with which Canada has an agreement are admitted either under the Government-Assisted Refugees (GAR) program or the Blended Visa Office-Referred (BVOR) program.

Under the GAR program, refugees are sponsored by the Canadian government, which provides financial support for up to one year from the date of arrival. The province of Quebec does not have the BVOR program but receives and approves its own applications for private sponsorship. The BVOR program matches refugees identified for resettlement by the UNHCR with private sponsors in Canada. Costs are shared between these private sponsors and the Canadian government, with each party providing six months of financial support.

The Private Sponsorship of Refugees (PSR) program allows Canadian citizens and permanent residents to resettle persons who qualify as refugees under Canada's refugee and humanitarian program. Sponsoring groups provide refugees with settlement assistance and financial support for up to one year from the date they arrive in Canada.

Frequently asked questions