Refugee Claims
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.
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.
Claiming Refugee Protection in Canada
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 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.
Supporting Evidence
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
Refugee Hearings
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.
Outcomes and Appeals
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
Strict deadlines apply at every stage, making timely legal advice essential.
Speak with an Experienced Refugee Lawyer
Refugee claims are legally complex, credibility-driven, and often life-altering. Proper preparation from the outset can significantly affect the outcome.
The lawyers at Mamann Sandaluk LLP have extensive experience representing refugee claimants before the Immigration and Refugee Board of Canada. Our firm regularly assists individuals seeking refugee protection in Canada, including clients from a wide range of countries and backgrounds, and in cases involving complex legal issues, credibility concerns, and challenging factual circumstances.
We are experienced in preparing and presenting refugee claims based on all Convention grounds, including claims involving political opinion, religion, sexual orientation and gender identity, membership in a particular social group, and other forms of persecution. Our approach is thorough, strategic, and tailored to the unique facts of each case, with a strong focus on credibility, evidence, and persuasive legal advocacy.
Whether you are considering making a refugee claim in Canada, have already filed a refugee claim, or are facing a refugee claim refusal, experienced legal representation can be critical to the outcome of your case. From preparing the Basis of Claim narrative to representing clients at hearings and appeals, our lawyers provide comprehensive support at every stage of the refugee 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.
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.
