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Immigration and Refugees Law

Refugee Claim Based on Nationality in Canada: Dual Citizens (Iranian–Turkish Cases Explained)

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Refugee Claims Based on Nationality in Canada: A Legal Guide for Dual Citizens (Including Iranian–Turkish Applicants)

Nationality is one of the five protected grounds under Canada’s refugee law. However, when a person holds more than one nationality, the legal analysis becomes significantly more complex. This issue frequently arises in cases involving individuals who hold both Iranian and Turkish citizenship.

At Pax Law Corporation, our immigration and refugee lawyers represent clients across Canada and internationally in complex refugee and judicial review matters. This article provides a detailed legal overview of how dual nationality affects refugee claims in Canada, and what applicants must prove to succeed.

What Is a Refugee Claim Based on Nationality?

Under Canadian law, a Convention refugee is a person who has a well-founded fear of persecution based on one or more of the following grounds:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

“Nationality” does not only refer to citizenship. It can also include ethnic identity, linguistic group, or perceived national origin. However, in cases involving dual citizens, Canadian law focuses heavily on formal citizenship status.

How Dual Nationality Affects Refugee Claims

If a claimant holds more than one nationality, Canadian refugee law requires them to demonstrate that they are at risk in each country of nationality.

This is a critical legal principle:

If protection is available in one country of citizenship, the refugee claim may fail—even if the person faces serious risk in another country.

This means:

  • You cannot succeed simply by proving risk in Iran if you also hold Turkish citizenship
  • You must show that Turkey cannot or will not protect you
  • Or that returning to Turkey would expose you to risk (directly or indirectly)

This analysis is grounded in both the Immigration and Refugee Protection Act (IRPA) and established Federal Court jurisprudence.

Case Study: Iranian–Turkish Dual Citizens

This scenario arises frequently in practice.

Many individuals of Iranian origin have obtained Turkish citizenship through:

  • Investment programs
  • Long-term residence
  • Family connections

At first glance, this may appear beneficial. However, in refugee law, it introduces a significant legal hurdle.

Key Legal Question:

Can the claimant safely live in Turkey?

The Immigration and Refugee Board (IRB) will assess:

  • Whether the claimant has full legal status in Turkey
  • Whether they can access protection from Turkish authorities
  • Whether they face risk of refoulement (being sent back to Iran)
  • Whether their profile exposes them to danger in Turkey

For example, risk in Turkey may arise if:

  • The individual is politically active against the Iranian government
  • They are monitored or targeted by Iranian agents abroad
  • They belong to a vulnerable group (e.g., religious converts, LGBTQ+ individuals)
  • There is evidence of deportation or cooperation between authorities

Legal Burden of Proof for Dual Nationals

The burden is on the claimant to establish that:

  • They face a personalized risk in their country of origin (e.g., Iran)
  • They cannot obtain adequate protection in their second country (e.g., Turkey)

This often requires:

  • Country condition evidence
  • Expert reports
  • Detailed personal testimony
  • Documentary proof of threats or past harm

General allegations are not sufficient. The analysis is fact-specific and individualized.

Common Mistakes in Dual Nationality Claims

We frequently see avoidable errors that lead to refusals:

  • Failing to address risk in the second country at all
  • Assuming that having a passport automatically proves safety
  • Providing weak or generic evidence about conditions in Turkey
  • Inconsistencies between testimony and documents

In many refused cases, the decision-maker concludes that the claimant had a viable protection alternative but failed to properly address it.

Legal Strategy and Evidence Preparation

Strong cases require a carefully structured legal approach.

Effective preparation may include:

  • Building a coherent narrative addressing both countries
  • Documenting why Turkey is not a safe alternative
  • Providing evidence of state inability or unwillingness to protect
  • Addressing potential credibility concerns early

In complex cases, litigation strategy must also anticipate a possible Federal Court judicial review if the claim is refused.

Ineligibility Risks and Alternative Options

Some dual nationals may also face eligibility issues, particularly in light of evolving legislative changes and border measures.

Where a refugee claim is not viable, alternative pathways may include:

  • Pre-Removal Risk Assessment (PRRA)
  • Humanitarian and Compassionate (H&C) applications
  • Judicial review of negative decisions

Each option has different legal thresholds and strategic considerations.

Final Thoughts

Dual nationality can significantly complicate a refugee claim in Canada. While individuals may face real and serious risks in one country, the availability of protection in another country of citizenship can be determinative.

These cases require careful legal analysis, strong evidence, and a clear strategy from the outset.

At Pax Law Corporation, we assist clients across Canada with refugee claims, risk-based applications, and Federal Court proceedings. Our approach focuses on detailed preparation, strategic advocacy, and fact-specific legal arguments.

Disclaimer: This article provides general legal information and does not constitute legal advice. Each case depends on its specific facts.

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