In Canada, the process takes between 30 and 60 days, allowing the protected person to apply for permanent residency within 2 months after a positive response from the Canadian authorities.  

Under the Refugee Convention, a refugee is a person who is outside his or her country and has a well-founded fear of persecution based on race, religion, political opinion, nationality or membership of a particular social group. Such persons are in danger of being tortured or cruelly punished if they return to their country of origin or residence.

Important points of this definition:

1- Well founded fear: this element is crucial, it must be an objectively founded fear, any element of subjectivity will jeopardize the application and may bring a negative result. An objectively founded fear refers to the need that the origin of the fear actually exists and is not only in the applicant's thoughts.

2- The fear must be based on one of the following elements:

   a. Race,

   b. Religion,

   c. Political opinion,

   d. Nationality,

   e. Belonging to a certain social group.

The Refugio application process:

Under Canadian law there are two ways to apply for protection.

1- At the port of entry (e.g. airport)

2- Within Canada

Once the refugee application has been filed, the CIC officer will determine if the application and the applicant have merit to be heard at a hearing. If a positive decision is obtained, the applicant will receive a number of benefits provided by the Canadian government for persons awaiting a refugee hearing, including financial assistance.

Similarly, at this point a hearing (trial) date will be scheduled. This element represents a highly important aspect of the Canadian refugee system as the waiting time for Canada to decide whether or not to grant protection to the applicant varies between 30 and 60 days depending on various specific factors.

The day of the hearing: At this time the applicant's credibility will be analyzed and tested, several questions will be asked and depending on the evidence and the applicant's testimony the immigration officer will decide whether or not to grant protection to the applicant.

If protection is granted, the applicant will become a "protected person" and will obtain benefits such as the right to apply for permanent residence, obtain a work permit and integrate quickly into Canadian society.

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