“[The idea of belonging, the idea of a home] … it’s as important as those rights [health
care], to feel that you’re normal, you’re like all people, you can have a citizenship, you
can have your rights now and you can say that you belong to here now. No one can just
come and kick you out whenever they want. [Because] after I was kicked out from Kuwait,
Jordan, Syria, I feel like … I am not safe.” [Farah]
2.2.2 Stateless Asylum-Seekers
Asylum-seekers are individuals from another country who have made an asylum application and
are awaiting a decision.43 Once the individual is deemed to be eligible to make a claim, their
application is submitted to the Immigration and Refugee Board of Canada (IRB), an independent
administrative tribunal that makes refugee and immigration decisions, for a hearing.
While they await their hearing, asylum-seekers may have access to social assistance, education,
health services, emergency housing, and legal aid.44 In most cases, asylum-seekers are eligible to
apply for a work permit, after they have undergone a medical examination. It is possible for them
to apply for student authorization to attend post-secondary school while awaiting a decision, and
children are automatically eligible to attend school. Asylum-seekers are not eligible for federal
settlement services until their asylum claim has resulted in a positive decision. Those who
abandon or withdraw their claims, or who are found to be ineligible to make a claim, do not have
access to health care. Those whose application has been rejected may still be eligible for social
assistance, depending on the province in which their claim was made.
In view of a lack of statelessness determination process in Canada, many stateless persons
attempt to resolve their status by making a refugee claim in Canada. They must show a fear of
persecution in their country of former habitual residence. While they await their decision,
stateless asylum-seekers have access to the same rights as well as provincial and federal services
as all asylum-seekers. In 2017, 31,547 individuals submitted an asylum claim, with 292 of them
being stateless persons.
2.3 Non-Status Stateless Persons
There are also stateless individuals in Canada without any immigration status. This group
comprises individuals whose applications for status are being processed, those whose
applications for status have been rejected and they have not yet, or are unable to, file an
application or appeal, and those who have not applied for status and who reside in Canada in
limbo.
43 http://www.unhcr.org/asylum-seekers.html.
44 See footnote 33.
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