Refugee Claims in Canada
What Is a Refugee Claim in Canada?
Canada is a signatory to the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. As a result, Canada is legally obligated to offer protection to individuals who have fled their countries due to a well-founded fear of persecution.
A refugee claim is the formal request an individual makes to be recognized as a Convention refugee or person in need of protection under Canadian law. If successful, the claim results in a grant of refugee protection, which allows the individual to remain in Canada and eventually apply for permanent residence.
To qualify as a Convention refugee, a person must be outside their country of nationality or former habitual residence and demonstrate a well-founded fear of persecution based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Canada has a specific legal process for the consideration of refugee claims.
Who Is Eligible to Make a Refugee Claim?
- Convention refugee – a person with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Person in need of protection – a person who would face a risk to life, or a risk of cruel and unusual treatment or punishment, or a danger of torture if returned to their home country.
“Certain factors can affect eligibility, including the Safe Third Country Agreement (which may bar claims made at the Canada-U.S. land border in some circumstances) and inadmissibility grounds such as serious criminality or prior refugee claims. An experienced refugee lawyer can assess whether these factors apply to your situation.”
Where and How to Make a Refugee Claim?
A refugee claim in Canada may be initiated in one of two ways:
- At a port of entry, such as an airport or land border crossing, or
- From within Canada, by submitting an inland refugee claim application to Immigration, Refugees and Citizenship Canada (IRCC)
If a claimant is found eligible to make a refugee claim, the matter is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.
The Refugee Claim Process (Step-by-Step)
How to Submit a Refugee Claim
After a claim is found eligible, the matter is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.
What Is the Basis of Claim (BOC) Form?
Refugee claimants must submit a Basis of Claim (BoC) form, which is one of the most critical components of the refugee process. The BoC includes a detailed written narrative explaining:
- The reasons the claimant fears persecution
- Any attempts made to seek protection in their home country
- Whether a viable internal flight alternative exists
- All relevant personal and country-specific factors supporting the claim
Because the BoC forms the foundation of the refugee claim, it should be prepared with the assistance of an experienced refugee lawyer. Inconsistencies, omissions, or later amendments to the narrative can seriously undermine credibility and may result in refusal.
What Happens at the IRB Hearing?
Once the BoC and supporting documents are filed, the RPD will schedule a refugee hearing. The hearing is typically inquisitorial in nature and is presided over by an RPD member.
During the hearing, the decision-maker will assess:
- The credibility of the claimant’s testimony
- The corroborative value of the evidence
- Whether the legal definition of a Convention refugee or person in need of protection has been met
Claimants are typically questioned on their evidence, and legal submissions are made at the conclusion of the hearing.
How Long Does the Decision Take?
The RPD typically issues a decision within weeks to a few months of the hearing, depending on the complexity of the case and current IRB processing volumes. See Processing Times and Delays below for more detail.
What Happens After the Decision?
If the claim is accepted, the claimant becomes a protected person and may apply for permanent residence. If refused, the claimant may have further legal options (see What Happens If a Refugee Claim Is Refused below).
Refugee Claim Required Documents
At the earliest possible stage, claimants should submit supporting documentary evidence supporting the facts set out in the BoC, which may include:
- Medical or psychological reports
- Police reports
- Affidavits from witnesses or family members
- Country condition documentation
- Any other evidence that corroborates the claimant’s account
Benefits of Refugee Status in Canada
- Protection against being returned to the country where you fear persecution (refoulement).
- Eligibility to apply for a work permit to support yourself and your family in Canada
- Access to provincial healthcare coverage and, in many cases, the Interim Federal Health Program while your claim is processed
- Access to social assistance where needed
- Access to public education for accompanying children
- A pathway to apply for permanent residence in Canada once protected person status is granted
Common Reasons Claims Are Refused
- Credibility concerns arising from inconsistencies between the BoC narrative and oral testimony
- Insufficient corroborating evidence for the claimed risk or persecution
- Exclusion under the Safe Third Country Agreement, where applicable
- Criminality or other inadmissibility concerns
- Failure to establish a well-founded, forward-looking fear of persecution
What Happens If a Refugee Claim Is Refused?
If the refugee claim is accepted, the claimant becomes a protected person and may apply for permanent residence in Canada.
If the claim is refused, the claimant may have the right to:
- Appeal to the Refugee Appeal Division (RAD), or
- Apply for judicial review at the Federal Court of Canada, where no right of appeal exists
In some cases, a Pre-Removal Risk Assessment (PRRA) or a Humanitarian and Compassionate (H&C) application may provide additional options. Strict deadlines apply at every stage, making timely legal advice essential.
Processing Times and Delays
Processing times for refugee claims vary significantly depending on the complexity of the case and current backlogs at the Immigration and Refugee Board. While some claims are heard within months, others may take considerably longer. Claimants should expect delays and plan accordingly, particularly where supporting documentation must be gathered from abroad.
Refugee Lawyer in Canada
Mamann Sandaluk LLP’s refugee lawyers support asylum seekers at every stage of the refugee claim process — from preparing the Basis of Claim narrative to representing clients at hearings, appeals, and judicial review. Our experience spans all Convention grounds, including claims involving political opinion, religion, sexual orientation and gender identity, and membership in a particular social group.
Need help with your Refugee Claim in Canada?
Our legal team can guide you through every step of the process.
Frequently asked questions about
Refugee Claims
You should make your claim for refugee protection as soon as possible after entering Canada. Unexplained delays in claiming refugee protection may negatively affect the Refugee Protection Division’s assessment of your credibility, particularly whether you genuinely held a subjective fear of persecution at the time of entry. While delay is not determinative on its own, it is a factor that decision-makers frequently examine when assessing refugee claims.
Yes. Stateless persons are eligible to claim refugee protection in Canada, even if they do not hold citizenship in any country. In such cases, the country of reference is typically the claimant’s country of former habitual residence.
For example, a stateless Palestinian who was born and raised in Saudi Arabia and has no legal right to permanently reside in another country would ordinarily have Saudi Arabia treated as the country of reference for the purposes of the refugee claim.
Documentary evidence plays a critical role in supporting the facts set out in your Basis of Claim (BoC) narrative. Claimants should gather any evidence that corroborates their account, including but not limited to:
- Proof of residence (e.g., leases, rent receipts, utility records)
- Medical or psychological reports documenting injuries or trauma
- Police reports or records of complaints
- Receipts for medications or medical treatment
- Evidence of sexual orientation or gender identity, such as letters of support from former partners, friends, or community members, and relevant communications (including dating app exchanges)
- Country condition evidence supporting the risk of persecution
It is prudent to conduct a thorough and exhaustive search for documentary evidence. The refugee hearing is typically the claimant’s best and primary opportunity to establish that they are a person in need of protection.
Even if you are already represented before the Refugee Protection Division, you change legal counsel. New counsel may be able to identify and correct issues arising from poor quality prior representation, including deficiencies in the Basis of Claim, evidentiary gaps, or strategic errors. Seeking a second opinion can be particularly important where credibility concerns or complex legal issues are involved.
Depending on the circumstances, you may have the right to appeal to the Refugee Appeal Division, apply for judicial review at the Federal Court, or pursue other options such as a Pre-Removal Risk Assessment or Humanitarian and Compassionate application. Strict deadlines apply, so timely legal advice is essential. Eligibility restrictions apply to both Pre-Removal Risk Assessment applications and applications for permanent residence on humanitarian and compassionate grounds.
If the refugee claim is granted, the protected person may include eligible family members in their application for permanent residence. Our lawyers can advise on the process and timelines involved.
You should make your claim for refugee protection as soon as possible after entering Canada. Unexplained delays in claiming refugee protection may negatively affect the Refugee Protection Division’s assessment of your credibility, particularly whether you genuinely held a subjective fear of persecution at the time of entry. While delay is not determinative on its own, it is a factor that decision-makers frequently examine when assessing refugee claims.
Yes. Stateless persons are eligible to claim refugee protection in Canada, even if they do not hold citizenship in any country. In such cases, the country of reference is typically the claimant’s country of former habitual residence.
For example, a stateless Palestinian who was born and raised in Saudi Arabia and has no legal right to permanently reside in another country would ordinarily have Saudi Arabia treated as the country of reference for the purposes of the refugee claim.
Documentary evidence plays a critical role in supporting the facts set out in your Basis of Claim (BoC) narrative. Claimants should gather any evidence that corroborates their account, including but not limited to:
- Proof of residence (e.g., leases, rent receipts, utility records)
- Medical or psychological reports documenting injuries or trauma
- Police reports or records of complaints
- Receipts for medications or medical treatment
- Evidence of sexual orientation or gender identity, such as letters of support from former partners, friends, or community members, and relevant communications (including dating app exchanges)
- Country condition evidence supporting the risk of persecution
It is prudent to conduct a thorough and exhaustive search for documentary evidence. The refugee hearing is typically the claimant’s best and primary opportunity to establish that they are a person in need of protection.
Even if you are already represented before the Refugee Protection Division, you change legal counsel. New counsel may be able to identify and correct issues arising from poor quality prior representation, including deficiencies in the Basis of Claim, evidentiary gaps, or strategic errors. Seeking a second opinion can be particularly important where credibility concerns or complex legal issues are involved.
Depending on the circumstances, you may have the right to appeal to the Refugee Appeal Division, apply for judicial review at the Federal Court, or pursue other options such as a Pre-Removal Risk Assessment or Humanitarian and Compassionate application. Strict deadlines apply, so timely legal advice is essential. Eligibility restrictions apply to both Pre-Removal Risk Assessment applications and applications for permanent residence on humanitarian and compassionate grounds.
If the refugee claim is granted, the protected person may include eligible family members in their application for permanent residence. Our lawyers can advise on the process and timelines involved.
