Refugee Claimant Guide for Canada: Process, Rights, and Support

What Is a Refugee Claim in Canada?

A refugee claim, also called an asylum claim, is a request for protection made by a person who fears persecution in their home country. Canada is a signatory to the 1951 UN Refugee Convention and its 1967 Protocol, which means Canada has an obligation to protect people who meet the definition of a refugee. Under Canadian law, a refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, or who faces a risk of torture, cruel treatment, or a risk to their life if returned to their home country.

The refugee determination system in Canada is administered by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal. The IRB's Refugee Protection Division (RPD) conducts hearings to determine whether a claimant qualifies for protection. Understanding this process is critical for anyone seeking refugee protection in Canada.

Port of Entry Claims

You can make a refugee claim at any Canadian port of entry, including airports, land border crossings, and seaports. When you arrive at a port of entry, tell the Canada Border Services Agency (CBSA) officer that you want to make a refugee claim. The officer will assess whether your claim is eligible to be referred to the IRB. This initial assessment checks for factors such as whether you have made a previous claim in Canada, whether you have refugee protection in another country, and whether you are inadmissible on certain grounds such as serious criminality or security concerns.

If your claim is found eligible, the CBSA officer will provide you with a Basis of Claim (BOC) form, which you must complete and submit within 15 days. The BOC form is one of the most important documents in your refugee claim. It is where you describe the persecution you have experienced or fear, and it forms the foundation of your case. Take great care in completing this form, and seek legal help if possible.

The Safe Third Country Agreement

Canada and the United States have a Safe Third Country Agreement (STCA), which generally requires refugee claimants to seek protection in the first safe country they arrive in. As of March 2023, the STCA applies across the entire Canada-US border, including at irregular crossing points. However, there are exceptions to the agreement, including for people who have family members in Canada, unaccompanied minors, and holders of certain travel documents. If you are coming from the US, it is important to understand how the STCA may affect your claim.

Inland Claims

If you are already in Canada on a visa or permit, or if you have entered Canada and are present in the country, you can make an inland refugee claim at an IRCC office. The inland claim process is similar to the port of entry process in terms of eligibility assessment and the requirement to complete a Basis of Claim form. However, the timelines and procedures may differ slightly.

To make an inland claim, you typically need to schedule an appointment at an IRCC office. At the appointment, an immigration officer will assess the eligibility of your claim and, if it is eligible, refer it to the IRB. You will receive a document confirming that you have made a refugee claim, which allows you to remain in Canada while your claim is processed.

Documents to Bring

When making your refugee claim, whether at a port of entry or inland, bring all identity documents you have, including your passport, national identity card, birth certificate, and any other documents that establish your identity and nationality. If you have evidence of persecution, such as police reports, medical records, photographs, or correspondence, bring those as well. If you do not have documents, explain to the officer why they are unavailable. Lack of documents does not automatically disqualify your claim, but having documentation strengthens your case.

The IRB Hearing Process

After your claim is referred to the IRB, you will be scheduled for a hearing before the Refugee Protection Division. The hearing is your opportunity to present your case in detail. A board member will ask you questions about your claim, your background, and the conditions in your home country. You can also present witnesses, documents, and other evidence to support your claim.

Hearings are conducted in English or French, and an interpreter will be provided if needed. You have the right to be represented by a lawyer or other authorized representative at your hearing. The hearing is generally not open to the public, which helps protect your privacy and safety.

Possible Outcomes

After the hearing, the board member will make a decision. If your claim is accepted, you will be granted refugee protection and can apply for permanent residence in Canada. If your claim is rejected, you may have the option to appeal to the Refugee Appeal Division (RAD) of the IRB, apply for judicial review at the Federal Court, or, in some cases, apply for a Pre-Removal Risk Assessment (PRRA). The timelines for these options are strict, so act quickly if your claim is rejected. Contact your lawyer or a legal aid office immediately.

Work Permits for Refugee Claimants

Refugee claimants in Canada can apply for an open work permit, which allows you to work for any employer in Canada while your claim is being processed. To be eligible, you must have been found eligible to make a refugee claim and your claim must have been referred to the IRB. There is no fee for a work permit application for refugee claimants.

Processing times for work permits vary, but many claimants receive their permits within a few weeks to a couple of months. In the meantime, some provinces offer social assistance to refugee claimants who are unable to work. Contact your provincial social services office or a settlement agency for information about financial support while you wait for your work permit.

IFHP Health Coverage

The Interim Federal Health Program (IFHP) provides temporary health coverage to refugee claimants and other eligible groups who are not yet covered by provincial or territorial health insurance. IFHP coverage includes basic healthcare services such as doctor visits, hospital care, laboratory and diagnostic services, and urgent dental and vision care. It also covers prescription medications that are listed on the IFHP formulary.

You are eligible for IFHP coverage from the time you make your refugee claim until you become eligible for provincial health coverage (usually after you receive refugee protection and apply for permanent residence). IFHP coverage is administered through a network of healthcare providers. When you visit a doctor or pharmacy, present your IFHP document to confirm your coverage. Not all providers accept IFHP, so check beforehand or ask your settlement agency for a list of participating providers.

Mental Health and Counselling

The IFHP also covers counselling and mental health services, which can be particularly important for refugee claimants who have experienced trauma. Some settlement agencies and community health centres offer trauma-informed counselling specifically for refugees. If you need mental health support, ask your doctor for a referral or contact a settlement agency for help finding a counsellor.

Legal Aid for Refugee Claimants

Legal representation significantly improves the chances of a successful refugee claim. Most provinces offer legal aid for refugee claimants who cannot afford a private lawyer. Legal aid programs vary by province, but generally cover the cost of a lawyer for the refugee hearing and, in some cases, for appeals and other proceedings.

To access legal aid, contact the legal aid office in your province. In Ontario, Legal Aid Ontario covers refugee claims. In British Columbia, the Legal Services Society provides coverage. Quebec, Alberta, and other provinces have similar programs. If you do not qualify for legal aid, some community legal clinics and pro bono programs provide free legal help. Our guide on free immigration legal help in Canada provides more details on finding legal representation.

Expected Timelines

The timeline for a refugee claim in Canada varies depending on several factors, including the complexity of your case, the country you are from, and the current backlog at the IRB. As a general guide, after making your claim you will receive your hearing date, which may be scheduled anywhere from a few months to over a year from the date of your claim. The IRB has been working to reduce wait times, but backlogs can cause delays.

After the hearing, the board member may give you a decision immediately (from the bench) or reserve the decision, which typically means you will receive it in writing within a few weeks. If your claim is accepted, you can apply for permanent residence. If rejected, you generally have 15 days to file an appeal with the RAD.

After Your Claim Is Accepted

Once you receive refugee protection, you can apply for permanent residence in Canada. The application involves medical and security checks and processing fees. Protected persons are exempt from the immigration medical examination requirement that applies to other permanent residence applicants, but you still need to complete medical checks for security purposes. After receiving permanent residence, you can eventually apply for Canadian citizenship.

WelcomeAide supports refugee claimants at every stage of their journey. Our AI Newcomer Navigator can answer your questions about the refugee process, connect you with local resources, and provide information in your language. Explore our blog for more guides, learn about our mission, or see how to get involved.