Refugee Claim Process in Canada

Understanding the Refugee Claim Process in Canada

Canada has a long history of providing protection to people fleeing persecution, war, and violence. If you are in Canada or at a Canadian port of entry and you fear returning to your home country, you may be eligible to make a refugee claim. The process can be complex, but understanding each step can help you navigate it with greater confidence.

This guide explains the refugee claim process in Canada from start to finish, including who is eligible, how to make a claim, what happens at a hearing, and where to find legal and settlement support.

Who Can Make a Refugee Claim in Canada?

Under Canadian law, a refugee claim can be made by a person who meets the definition of a Convention refugee or a person in need of protection. A Convention refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. A person in need of protection is someone who would face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if returned to their home country.

You can make a refugee claim if you are:

• At a Canadian port of entry (airport, land border, or seaport)
• Already inside Canada (regardless of how you entered, including if your temporary status has expired)

Who Cannot Make a Claim?

There are some situations where you may not be eligible to have your claim referred to the Immigration and Refugee Board (IRB). These include:

• You have already been recognized as a Convention refugee by another country to which you can return
• You arrived in Canada from a country designated as a Safe Third Country (the United States, under the Safe Third Country Agreement). However, important exceptions apply, so consult a lawyer if this situation affects you.
• You have a previous refugee claim that was rejected, withdrawn, or abandoned (with some exceptions for new evidence)
• You have been found inadmissible on grounds of security, serious criminality, or organized crime

Step 1: Making Your Claim

At a Port of Entry

When you arrive at a Canadian port of entry, inform a Canada Border Services Agency (CBSA) officer that you wish to make a refugee claim. The officer will interview you, collect your personal information, and assess whether your claim is eligible to be referred to the IRB. If eligible, you will receive a Basis of Claim (BOC) form (also known as the refugee claim form) and instructions on how to complete it.

Inside Canada

If you are already in Canada, you can make a refugee claim at an IRCC inland office. You will need to complete certain forms and attend an interview. The process is similar, and you will receive the BOC form once your claim is determined to be eligible.

The Basis of Claim Form

The BOC form is one of the most important documents in your refugee claim. It asks you to describe in detail why you are seeking protection, including the specific events and circumstances that led you to fear returning to your home country. You must complete and submit this form within the deadline provided (typically 15 days if you claimed at a port of entry, or at the time of the eligibility interview if you claimed inland).

Tip: Get legal help before filling out the BOC form. What you write in this form will be the foundation of your case at the hearing. Inconsistencies between your BOC and your testimony can seriously harm your claim.

Step 2: After Your Claim Is Referred

Once your claim is determined to be eligible, it is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada. The IRB is an independent tribunal that decides refugee claims. You will receive a notice of hearing with the date and time of your hearing.

While You Wait

While your claim is being processed, you are entitled to:

• Remain in Canada legally
• Apply for a work permit (you can apply for an open work permit as a refugee claimant)
• Access the Interim Federal Health Program (IFHP), which provides basic health coverage
• Access settlement services, including language classes, housing assistance, and other supports

You should use this time to find a lawyer or legal aid representative, gather evidence to support your claim, and prepare for your hearing.

Step 3: Preparing for Your Hearing

Your RPD hearing is the most important step in the process. At the hearing, a member of the RPD will assess your claim and decide whether you qualify for refugee protection. Preparation is critical.

Finding Legal Representation

You have the right to be represented by a lawyer, a Regulated Canadian Immigration Consultant (RCIC), or, in some provinces, a legal aid representative. Legal aid is available in most provinces for refugee claimants who cannot afford a lawyer. Contact your provincial legal aid office as early as possible:

• Ontario: Legal Aid Ontario, 1-800-668-8258
• Quebec: Commission des services juridiques, 514-873-3562
• British Columbia: Legal Services Society, 604-408-2172 or 1-866-577-2525
• Alberta: Legal Aid Alberta, 1-866-845-3425

Gathering Evidence

You should gather as much evidence as possible to support your claim, including:

• Identity documents (passport, birth certificate, national ID card)
• Documents related to the persecution you experienced (police reports, medical records, court documents, photos of injuries)
• Country condition evidence (news articles, human rights reports, country condition documents from the IRB)
• Letters of support from community organizations, religious leaders, or others who can speak to your situation
• Personal statements or affidavits from witnesses

Preparing Your Testimony

At the hearing, you will be asked to tell your story and answer questions about your claim. Practice telling your story clearly and consistently. Your testimony should be consistent with what you wrote in your BOC form. If there are any differences, be prepared to explain why.

Step 4: The Hearing

RPD hearings are held in a relatively informal setting. They are not like criminal trials. The hearing is typically private and closed to the public. Here is what to expect:

1. The RPD member will explain the hearing process
2. An interpreter will be provided if you need one (request this when you receive your hearing notice)
3. You will be asked to affirm or swear that your testimony is truthful
4. You or your representative will present your case, including your personal testimony
5. The RPD member will ask you questions about your claim
6. Your representative may ask additional questions or make submissions

Hearings typically last between one and four hours, depending on the complexity of the claim.

Step 5: The Decision

After the hearing, the RPD member will make a decision. In some cases, the decision is given orally at the end of the hearing. In other cases, the decision is provided in writing at a later date.

If Your Claim Is Accepted

If you are found to be a Convention refugee or a person in need of protection, you become a protected person. You can then apply for permanent residence in Canada. As a protected person, you can also apply for your eligible family members abroad to join you in Canada.

See also: How to Apply for Canadian Permanent Residence

If Your Claim Is Rejected

If your claim is rejected, you have options:

• Appeal to the Refugee Appeal Division (RAD): You may be able to appeal the RPD decision to the RAD within 15 days. The RAD can uphold the decision, set aside the decision and substitute its own, or refer the case back for a new hearing.
• Judicial review: You can apply to the Federal Court for a judicial review of the decision. You must file for leave within 15 days of receiving the RAD decision (or the RPD decision if no RAD appeal is available).
• Pre-Removal Risk Assessment (PRRA): If you are subject to a removal order and new evidence of risk arises after your claim is decided, you may be able to apply for a PRRA.

Support Services for Refugee Claimants

Numerous organizations across Canada provide support to refugee claimants. Services include:

• Settlement agencies: Help with housing, language training, employment readiness, and orientation to life in Canada
• Legal clinics: Provide free or low-cost legal advice and representation for refugee claimants
• Health services: The Interim Federal Health Program (IFHP) covers basic health services. Apply through your provincial health ministry or a settlement agency.
• Community organizations: Many faith-based and community organizations offer food, clothing, social support, and mentorship

For official information on the refugee claim process, visit the IRCC refugee protection page and the Immigration and Refugee Board website.

See also: Canadian Healthcare System Guide

For more on work permits available to newcomers, see our open work permit for vulnerable workers guide.

See also: LINC & ELSA English Programs

Final Tips

1. Get legal help as early as possible. A lawyer can significantly improve your chances of success.
2. Complete your Basis of Claim form carefully and honestly. It is the foundation of your case.
3. Attend all appointments and hearings. Missing a hearing can result in your claim being abandoned.
4. Keep copies of all documents you submit and receive.
5. Know your rights. As a refugee claimant in Canada, you are protected by Canadian law and have access to essential services.

The refugee claim process in Canada can be challenging, but the country's commitment to protecting those who are fleeing persecution means that support is available at every stage. Reach out to settlement agencies, legal clinics, and community organizations for the help you need.