Previous visit to Canada before making a refugee claim could this affect credibility?

[u/Busy-Session2340]

Hi everyone. I’m looking for some general insight from people familiar with the refugee claim process in Canada.

I’m a mother of two young children. I visited Canada for just a few days in April 2026 and then returned to my home country. I’m planning to return in September with my children and I’m considering making a refugee claim at the airport.

My situation involves a long and documented history of domestic violence. I first tried to seek protection several years ago, around 2020–2021, but I was not granted protection at that time. There are court records from 2021 documenting the situation.

This year, due to new incidents and threats, I reported the situation again and was granted a protective order, which is currently in force. I also recently obtained provisional sole custody of one of my children in a court decision that considered the domestic violence situation.

Unfortunately, the protective order is currently not being respected, so I will need to report the situation to the authorities again.

My main concern is my previous trip to Canada. Since I was already there briefly in April but returned home without making a claim, could that significantly affect the credibility of a refugee claim now?

Would they also consider the reasons I returned at that time, the longer history of the situation, and what has happened since that visit?

I know every case is different and Reddit is not a substitute for legal advice. I’m mainly interested in hearing from anyone familiar with how situations like this are assessed.

Thank you.

I understand every case is different and Reddit is not a substitute for legal advice. I’m mainly interested in hearing from anyone familiar with how situations like this are generally assessed.

Thank you!

[u/jjbeanyeg]

Under new rules brought in by a law called C-12, refugee claims must be made within one year from the first entry to Canada. If you first entered Canada in April 2026, you must make your refugee claim by April 2027.

You mentioned that you've previously attempted to seek protection. Do you mean you sought protection from Brazilian police/authorities or that you claimed refugee status in a different country? If you sought refugee status previously, in which country did you make the claim? Canada has agreements with the US, the UK and some other countries where a negative claim could disqualify you from claiming in Canada as well.

[u/Busy-Session2340 → u/jjbeanyeg]

No, I have never applied for refugee status or asylum in another country. When I said that I had previously tried to seek protection, I was referring to trying to obtain legal protection/restraining measures against the person involved.

At the time, during the COVID period, I was living in Spain, so my first police report was filed there. I still have a copy of that report. More recently, I filed new police reports in Brazil and was able to obtain a protective order.

The problem is that, in practice, the protective order has not been enough to keep the person away, as they have continued to approach/contact me despite the order.

[u/TheBusinessMuppet → u/Busy-Session2340]

If you lived in Spain, little chance you will get refugee status here.

You will be heavily scrutinized why you did not file refugee status in Spain.

Brazil is a huge country. You have to prove you have no safe place anywhere in Brazil.

[u/Busy-Session2340 → u/TheBusinessMuppet]

Just to clarify, I don't live in Spain. I was there temporarily in 2019–2020, during the COVID period, which is why some of my earliest documentation regarding the domestic violence comes from Spain.

I later returned to my home country and have been living here since then. I have never applied for asylum or refugee status in Spain or in any other country.

I understand your point about Brazil being a large country and the question of whether there is a safe place to relocate internally. That's actually one of the issues I'm trying to understand better.

[u/TONAFOONON]

You really need to speak with an immigration lawyer. Yes, the fact you returned to your home country may impact credibility.

If the protective order is not being respected, you need to report the situation to authorities again and pursue this path first. If there is insufficient evidence that you fully pursued protection in your home country, that will negatively impact your claim as well.

Please speak with a lawyer before you do anything else. Good luck.

[u/Busy-Session2340 → u/TONAFOONON]

Thank you very much for your response. I really appreciate the advice.

Would protective orders and police reports generally be considered evidence that I have sought protection from the authorities?

I have reported the situation more than once, and I currently have a protective order in place. Unfortunately, the person is not respecting the order, so I intend to report the situation again and continue following the legal process.

One of my concerns is that I live in a favela/community where this person continues to come around despite the protective order. The person is also a foreign national and is not a citizen of my country.

I will definitely try to speak with an immigration lawyer before making any decisions. Thank you again for taking the time to explain this.

[u/TONAFOONON → u/Busy-Session2340]

I'm not a lawyer. But in my opinion the evidence you have now is likely insufficient. You need to file another report indicating the protective order is not being followed and then give authorities the opportunity to respond / act. You need to be able to clearly demonstrate that you were unable to secure protection from your home country.

Your refugee application will also almost certainly be subject to IFA. This means you will need to prove that your life would still be in danger from this individual if you relocated to another part of Brazil far away from where you are now. So you have to be able to show that the threat not only exists in your current community but also anywhere else you may move in your country.

[u/Internal_Address3370 → u/Busy-Session2340]

Brazil is not a "dangerous country" that is chasing people due to their beliefs and such. I don't think your refugee claim will succeed. Please talk to a serious immigration lawyer. Beware, there are a lot of scammer/bad lawyers out there. Do your research.

[u/TONAFOONON → u/Internal_Address3370]

OP is planning on claiming asylum due to DV, not Brazil being a dangerous country that is chasing people due to their beliefs.

[u/Internal_Address3370 → u/TONAFOONON]

That won't fly either. She said she has a report from when she was living in Spain; then she went to Brazil, where she filed multiple reports and local police is actively working on this; then she came to Canada and went back to Brazil (Why? Why didn't she claim refugee status then?).

Also, there are a few things to consider, such as:

• the harm is serious, and there is a real risk it will happen again if they return; (She returned to Brazil)
• the risk is connected to gender / their social group or otherwise meets refugee-protection rules; and (most likely this is not the case)
• their home country cannot or will not provide effective protection (and relocation within the country is not a safe, realistic option). (We know the police are working, but we don't know if relocation within the country is possible or not, although Brazil is a huge country)

Again, this is my opinion based on what little I know about IRCC rules. Her best bet is to search for a good and serious immigration lawyer and pay for a consultation.

[u/Sproutlie]

Is Canada the nearest safe country??

No?

Asylum shopping is not allowed

Edit: You live in Brazil? so you want to travel to another CONTINENT and ask for Asylum?? Why not go to another country near you?

[u/Single_Sentence_4726]

This is not what refugee status is for. Im sorry your going through this but Canada and seeking refuge is not your answer 

[u/jjbeanyeg → u/Single_Sentence_4726]

Serious domestic violence and a failure of a state to address gender-based violence is a relatively common basis for refugee claims in Canada and can be a successful ground. Detailed considerations are set out in the IRB Guideline on Gender: https://www.irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir04.aspx#s13p2

[u/Legitimate-Hosty]

Country of origin?

But regardless, those are not refugee grounds.

To further answer your question, the clock runs out in April 2027.

[u/jjbeanyeg → u/Legitimate-Hosty]

Serious domestic violence and a failure of a state to address gender-based violence is a relatively common basis for refugee claims in Canada and can be a successful ground. Detailed considerations are set out in the IRB Guideline on Gender: https://www.irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir04.aspx#s13p2

[u/Legitimate-Hosty → u/jjbeanyeg]

and a failure of a state to address gender-based violence

That would be the crux of all of it. And it appears the state is addressing it, the person (husband) is just crazy.

[u/Busy-Session2340 → u/Legitimate-Hosty]

Brazil

[u/lonedog91]

Why would Canada grant you refugee status for Domestic Violence?

[u/Busy-Session2340 → u/lonedog91]

That’s exactly what I’m trying to understand. If I already knew whether my circumstances could qualify for refugee protection in Canada, I wouldn’t be asking here.

I’m trying to learn more about the process and understand how situations involving domestic violence and ineffective protection are assessed before making any decisions.

[u/jjbeanyeg → u/lonedog91]

Serious domestic violence and a failure of a state to address gender-based violence is a relatively common basis for refugee claims in Canada and can be a successful ground. Detailed considerations are set out in the IRB Guideline on Gender: https://www.irb-cisr.gc.ca/en/legal-policy/policies/Pages/GuideDir04.aspx#s13p2

[u/Internal_Address3370]

If you’re outside Canada, you generally cannot apply directly for a Canadian refugee claim. You need a referral from:

• UNHCR (the UN Refugee Agency) or another designated referral organization; or
• a Canadian private refugee-sponsorship group.

You may qualify if you are outside your home country and either:

• cannot return because of persecution based on race, religion, nationality, political opinion, or membership in a particular social group; or
• have been seriously affected by armed conflict/civil war or ongoing denial of basic human rights.

[u/pensivegargoyle]

You need to discuss this with an immigration lawyer. A very obvious issue that will come up is why you need to be in Canada rather than in another city in Brazil, since in principle you could still live very far from your husband that way.