Can Iranians Visit Canada and Then Claim Asylum?

Yes, an Iranian citizen (non-refugee) can enter Canada as a tourist (on a visitor visa) and later apply for asylum once in Canada. However, there are important factors and considerations to keep in mind:

Process Overview:

1. Entering as a Tourist:

o An Iranian citizen can apply for a visitor visa to enter Canada for tourism purposes. This would require submitting a visa application and demonstrating strong ties to Iran (e.g., employment, family) to convince Canadian authorities of the intention to return after the visit.

2. Claiming Asylum in Canada:

o Once in Canada, the individual can apply for asylum if they fear persecution in their home country (Iran, in this case). They would need to demonstrate they are at risk due to factors like:

 Political beliefs

 Religious practices

 Ethnic background

 Other grounds of persecution

3. Asylum Application Process:

o After arriving in Canada, asylum seekers must claim refugee status through the Immigration and Refugee Board of Canada (IRB).

o Asylum interviews are conducted to assess whether the applicant qualifies for refugee protection.

4. Legal Right to Stay:

o If the asylum claim is accepted, the individual will be allowed to stay in Canada. However, the asylum process can take months or even years, and the person may not have the right to work unless granted permission.

Important Considerations:

• Visitor Visa Intentions: If a person enters Canada as a tourist with the hidden intention of seeking asylum, it could be viewed as misrepresentation if they later claim asylum.

o Immigration authorities may look into whether the person truly intended to visit or if they came with the sole purpose of staying illegally.

• Risk of Refusal: There is a possibility that an asylum claim might be rejected if authorities believe the person is not genuinely at risk or if they do not meet the refugee criteria.

• Overstaying: If a person overstays their visitor visa while their asylum claim is in process, they might still face legal consequences if their claim is rejected.

Advice:

While it is possible to claim asylum after entering Canada as a tourist, it is important to be aware that the process can be complex and uncertain. Seeking legal advice from an immigration lawyer who specializes in refugee and asylum law is highly recommended to increase the chances of a successful outcome.