Refugee Protection in Canada: Claims, Process & Rights

Updated January 15, 202611 min read

Canada has a long tradition of protecting refugees. If you are fleeing persecution, war, or danger, you may be eligible for refugee protection in Canada.

Who Qualifies as a Refugee?

Under Canadian law and the UN Refugee Convention, a Convention refugee is a person who:

•Is outside their home country

•Has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group

•Is unable or unwilling to return to their home country due to this fear

A person in need of protection is someone who faces:

•Danger of torture

•Risk to their life

•Risk of cruel and unusual treatment or punishment

if returned to their home country.

How to Make a Claim

At a Port of Entry (airport, border crossing):

•Tell the border officer you want to make a refugee claim

•You'll be referred to the Immigration and Refugee Board (IRB)

Inside Canada (Inland claim):

•Visit an IRCC office

•Complete and submit the Basis of Claim (BOC) form within 15 days

Safe Third Country Agreement:

•If you arrive from the US at an official land border crossing, you may be ineligible to make a claim (exceptions exist)

•This agreement does not apply to claims made at airports or inland

After your claim is made:

•You'll receive a date for your refugee hearing at the IRB

•You may be eligible for Interim Federal Health Program (IFHP) coverage

•You can apply for a work permit

•You may be eligible for provincial social assistance

The IRB Hearing

The Immigration and Refugee Board (IRB) is an independent tribunal that decides refugee claims.

At your hearing:

•You will testify about your fear of persecution

•A board member will ask questions

•You may have a consultant or lawyer represent you

•An interpreter will be provided if needed

•Country condition evidence will be considered

Preparing for your hearing:

•Gather all supporting documents (identity, evidence of persecution)

•Prepare a detailed written narrative

•Have legal representation — this significantly improves outcomes

•Practice answering questions about your claim

Outcomes:

•Accepted: You become a protected person and can apply for PR

•Rejected: You can appeal to the Refugee Appeal Division (RAD) within 15 days

•If RAD also rejects: You may apply for a Pre-Removal Risk Assessment (PRRA) or an application on Humanitarian and Compassionate (H&C) grounds

Find a Refugee Claims Specialist

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Need Help?

Refugee claims are extremely complex and the stakes are high. Legal representation is strongly recommended — find a consultant or lawyer who specializes in refugee law.

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