Immigration Services

Naba Dhungana will represent clients through their refugee claim process, prepare them for questioning at their hearing, and make effective and persuasive oral submissions on their behalf before the Refugee Protection Division Board Member. He will always advise the clients for gathering the necessary information and documentary evidence to support and frame our client’s refugee claim. In addition, he will provide guidance to his clients on the kind of personal documents and evidence in order to maximize their chances for a positive outcome. Likewise, Naba will will make extensive research to support the client’s case with the most up to date materials from reliable sources. He will prepare the clients with questions and answers expected to receive from the Board Member at the hearing.

Judge Gavel With Judge Reading A Document In The Background

Refugee Protection Division

I have a track record of success in representing Refugee Claimants at Immigration and Refugee Board(IRB), in Canada for over eight years. The claimants receive professional and one-to-one services, and they will be well informed about their situations and the protocols to be followed and assimilated during the IRB hearing at the Refugee Protection Division. If you are outside of your country of nationality and unable or, by reason of that fear, unwilling to avail yourself of the protection, unwilling to return to that country, you may be eligible for refugee protection in Canada. Please contact Naba for details about the procedures and the representation for a refugee claim. He commits to providing you highest quality professional services which have already been proven by our results. For details, please contact him.

Who Is A Person In Need Of Protection?

A person in need of protection is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include the risk that is a product of the country’s inability to provide adequate health or medical care. Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.​

Who Is A Convention Refugee?

A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of the previous residence because they have a well-founded fear of persecution based on:

a) Race

b) Religion

c) Nationality

d) Political opinion

e) Being a member of a specific social group

Are You Eligible To Make A Refugee Claim?

You cannot make a claim for refugee status in Canada if you:

a) Have already been granted refugee status in Canada or another country

b) Have been refused previously for refugee protection in Canada

c) Have had a prior claim that was determined to be ineligible, withdrawn, or abandoned

d) Have committed crimes including, but not limited to, war crimes, crimes against humanity, serious crimes outside the country of refuge, or other acts that are contrary to the principles of the United Nations. ​

Foreign nationals, who fear persecution, who are at serious risk of harm and who cannot get protection in their own country often seek refuge in Canada. People who are recognized as refugees are allowed to stay in Canada and may apply for permanent residence status, and eventually may apply to become Canadian citizens. The Refugee Protection Division of the Immigration and Refugee Board (IRB) is an independent tribunal that will make a determination as to whether the applicant will receive refugee status. In some cases, such as those involving criminality or security issues, the decision is made by Immigration, Refugees and Citizenship Canada (IRCC).

The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule. The first is, if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, holds a work or study permit or is over the age of 18 and has an active Refugee matter before the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.

Issues Relating To Human Rights In The New Refugee Program?

Refugee rights advocates have identified a number of human rights issues with recent Government legislation. Specifically, recent changes have:

  • Imposed unreasonably short deadlines on asylum-­seekers, thereby preventing claims from being properly presented

  • Imposed one year of automatic detention on certain refugee claimants

  • Designated countries as safe when in fact they are not safe for certain groups of claimants, such as women survivors of violence or sexual minorities

Many people believe that the recent changes may violate the equality rights of some refugee claimants under section 15 of the Charter and the section 7 Charter rights to life, liberty and security of the person.

What Is A Refugee Hearing?

A refugee hearing is your chance to tell your story to a decision maker, a public servant known as a Refugee Protection Division Board Member. It is a hearing where you will be asked why you came to Canada to claim refugee protection and why you fear future persecution in your country on the basis of your race, nationality, religion, political opinion or particular social group (such as your gender identity or sexuality). Whether you fear torture, a risk to your life or cruel and unusual punishment will also be decided. You will have written about these details in your Basis of Claim form where you told your story. Based on the documents you present at your hearing and your testimony, the Board Member will decide whether you are a refugee or a person in need of protection.

Does ND Paralegal Services Handle These Types Of Cases?

Does ND Paralegal Services handle these types of cases? ​ND Paralegal Services is always looking to ensure the protection of client rights in the refugee law system. The firm wants to hear about cases where your legal rights may have been violated and Naba will work with you to determine whether challenging the constitutionality of these recent changes could be challenged. He is here to assist you and advocate for you as a refugee claimant.

How Does ND Paralegal Services Prepare For Hearings?

Naba prepare an extensive collection of documents for our refugee claimant clients, including a great deal of evidence about how they are treated in their country of origin. Preparation and strong supporting evidence have been key strategies in our success. He will meet with his clients to help them clearly answer, practice hearing questions. He is also be available to answer questions about the process. This is a nerve wracking and important moment and he is here to assist you and advocate for you as a refugee claimant. You can book a consultation.

Lady Justice

Mission & Vision

ND Paralegal Services is to provide his clients with knowledgeable, in-depth, legal guidance and service in a timely manner, at a reasonable price. He is dedicated to providing his clients with value and meeting our customers’ requirements. ND Paralegal Services strives to utilize resources to the best of his ability, in the best interests of all his clients, while he actively seeks new opportunities for growth. ND Paralegal Services has been meeting the legal needs of the people of Greater Toronto Area, Ontario since 2013, Naba Dhungana established a firm that constantly strives to live up to integrity, tenacity, skill and commitment to the clients and the legal profession.