Immigration Canada - PanCanadian Immigration Law Group

International Student Unable to Return Home

Discussion in 'Studying in Canada' started by loon92, Sep 14, 2013.

  1. loon92

    loon92 New Member

    What is the recourse for an international student who is not doing well academically in a Canadian university and who cannot return to his country without being persecuted there?
  2. smith

    smith New Member

    It depends, you haven't given enough details. What year are you at University? What university do you attend? What were the reasons for your bad grades? In some situations you can appeal to the school to let you stay if there were extenuating circumstances (i.e. tragedy, depression), and then your study permit will most likely be accepted if you are accepted at the university.

    As far as protection from persecution, that all depends on your home country and circumstances. The website Canadavisa details refugee status to be awarded:
    To be granted asylum in Canada as a refugee, a person must be outside his or her home country and have a well-founded fear of persecution. According to the Geneva Convention, the fear must not only be well-founded, the persecution must also be based on reasons of race, nationality, membership of a particular social group or political opinion. However, a less restrictive interpretation of the feared persecution may also lead to refugee status. For example, Canada recognizes that women can be persecuted because of their gender and that the definition of a refugee should be interpreted to also include this form of persecution. A variety of circumstances can make a person a refugee.

    Examples of situations where refugee status could be granted:
    • A human rights activist who is persecuted by the state for her criticism of government abuses
    • A union leader who is threatened with violence by businesses who enjoy tacit support from the government
    • A gay man or lesbian who is beaten up by gangs of homophobic hooligans in a country that outlaws homosexual acts
    • A member of a religion that is being suppressed by the government
    • A woman who is subjected to repeated physical abuse by her husband in a country where conjugal violence is condoned
    • A member of an ethnic group that is persecuted by the state
    • A teacher in a country where intellectuals are denounced as traitors of the people
    • A person who openly criticizes a rebel group in a country where the government cannot protect its citizens against rebel attack
    • A person who is persecuted because he is suspected of opposing the government, even though he is not politically active
    • The child of an imprisoned political leader who is viewed as a threat by the current regime
    • The witness of a massacre committed by the military that the government wants to cover up
    • A student activist after the government has suppressed a student movement

Share This Page