Making a Refugee Claim in Canada: Process, Eligibility, IRB Hearing, and Your Rights

Understanding Refugee Protection in Canada

Canada has a long-standing commitment to protecting people who face persecution, danger, or cruelty in their home countries. The Canadian refugee protection system is governed by the Immigration and Refugee Protection Act (IRPA) and administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board of Canada (IRB).

There are two main ways to receive refugee protection in Canada:

1. Refugee claims made from within Canada or at a port of entry: This is for people who are already in Canada or who arrive at a Canadian border and claim refugee protection. This guide focuses on this process.

2. Resettlement from abroad: This is for people outside Canada who are referred by the United Nations High Commissioner for Refugees (UNHCR) or a designated referral organization. This includes the Government-Assisted Refugees (GAR) and Privately Sponsored Refugees (PSR) programs.

For the official overview, visit: Claim refugee protection

Who Can Make a Refugee Claim?

You may make a refugee claim in Canada if you have a well-founded fear of persecution or if you face a risk of torture, cruel and unusual treatment, or a risk to your life if you return to your home country.

Convention Refugee

Under the 1951 United Nations Convention Relating to the Status of Refugees, a Convention refugee is a person who is outside their country of nationality or habitual residence and has a well-founded fear of persecution based on:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Person in Need of Protection

Even if you do not meet the Convention refugee definition, you may be a person in need of protection if returning to your country would subject you to:

• A danger of torture
• A risk to your life
• A risk of cruel and unusual treatment or punishment

Who Cannot Make a Refugee Claim?

Not everyone who arrives in Canada can make a refugee claim. Your claim may be found ineligible if:

• You have already been recognized as a Convention refugee by another country to which you can return
• You have been granted protected person status in Canada before
• You arrived at the Canadian border from the United States (under the Safe Third Country Agreement, with certain exceptions)
• You are deemed inadmissible on grounds of security, serious criminality, organized crime, or human rights violations
• You have previously made a refugee claim in Canada that was rejected, withdrawn, or abandoned (with limited exceptions)
• You are the subject of an extradition request

The Safe Third Country Agreement

The Safe Third Country Agreement (STCA) between Canada and the United States affects claims made at land border crossings. Under this agreement, refugee claimants are generally required to seek protection in the first safe country they arrive in.

As of recent changes, the STCA applies to the entire Canada-US border, not just official land ports of entry. There are exceptions, including for unaccompanied minors, people with family members in Canada, and certain other categories.

For the current STCA rules: Safe Third Country Agreement

How to Make a Refugee Claim

At a Port of Entry

You can make a refugee claim when you arrive in Canada at an airport, seaport, or land border crossing. Tell the Canada Border Services Agency (CBSA) officer that you want to make a refugee claim.

The officer will:

1. Determine whether your claim is eligible to be referred to the IRB
2. Ask you questions about your identity, travel history, and reasons for claiming protection
3. Take your photo and fingerprints
4. Give you a Basis of Claim (BOC) form to complete
5. Schedule a date for your hearing at the IRB

From Inside Canada

If you are already in Canada (for example, on a visitor visa, study permit, or work permit, or if you are undocumented), you can make a refugee claim at an IRCC inland office.

You will need to:

1. Contact IRCC or visit an inland office to indicate you want to claim refugee protection
2. Complete the required forms, including the Basis of Claim (BOC) form
3. Provide your identity documents
4. Undergo an eligibility interview

The Basis of Claim (BOC) Form

The BOC form is one of the most important documents in your refugee claim. It requires you to:

• Provide your personal information and identity details
• Describe why you are claiming refugee protection
• Explain what happened to you or what you fear will happen if you return
• List the countries you lived in and traveled through
• Provide details about previous immigration applications in any country

You must complete and submit the BOC form within 15 days of making your claim at an inland office, or within 15 days if your claim was made at a port of entry (the timeline may vary; follow the instructions given to you by CBSA or IRCC).

Important: The BOC form is your narrative. It is critical that it is detailed, truthful, and consistent with everything you will say at your hearing. Consider seeking legal help before completing it.

The IRB Hearing Process

The Immigration and Refugee Board (IRB) is an independent tribunal that decides refugee claims in Canada. Your claim will be heard by the Refugee Protection Division (RPD) of the IRB.

Before the Hearing

1. Gather evidence: Collect any documents that support your claim, such as identity documents, police reports, medical reports, news articles about conditions in your country, letters from people who can confirm your story, or country condition reports.

2. Get legal representation: You have the right to be represented by a lawyer or other authorized representative at your hearing. Legal aid may be available in your province. Some community organizations also provide free legal assistance to refugee claimants.

3. Submit your documents: You must submit all evidence and documents to the IRB before the hearing deadline. Late submissions may not be accepted.

4. Prepare your testimony: You will be asked to tell your story at the hearing. Practice explaining clearly and consistently what happened to you and why you fear returning.

At the Hearing

The RPD hearing is typically a private proceeding. It is not open to the public. Here is what to expect:

• Participants: The IRB member (decision-maker), you, your lawyer or representative, an interpreter (if needed), and possibly a Minister's counsel (a government representative who may question your claim)
• Format: The hearing is relatively informal compared to a court trial. The IRB member will ask you questions, and your lawyer may also ask questions to clarify your testimony
• Your testimony: You will be asked to explain your claim in your own words. The IRB member will focus on key issues such as your identity, the events that led to your claim, and why you fear returning to your country
• Credibility: The IRB member will assess whether your testimony is credible and consistent with your BOC form and the evidence you submitted
• Country conditions: The IRB considers evidence about conditions in your home country, including human rights reports, news articles, and expert analysis

After the Hearing

The IRB member will make a decision:

• Accepted: If your claim is accepted, you become a protected person and can apply for permanent residency
• Rejected: If your claim is rejected, you may have options to appeal or seek a judicial review (see below)
• Decision timeline: Some decisions are given orally at the end of the hearing. Others are provided in writing within a few weeks or months

Your Rights While Waiting

While your refugee claim is being processed, you have important rights in Canada:

Right to Stay

You have the right to remain in Canada while your claim is being processed. You will not be removed from Canada while your claim is pending (unless your claim is found ineligible or withdrawn).

Work Permit

You may apply for a work permit while your claim is being processed. Refugee claimants can typically apply for an open work permit, which allows you to work for any employer.

Apply for a work permit: Refugee claimants -- work permit

Health Care

Refugee claimants are eligible for health-care coverage through the Interim Federal Health Program (IFHP). The IFHP covers:

• Basic health care, including doctor visits and hospital services
• Urgent dental care
• Vision care (in some cases)
• Prescription medications
• Mental health counselling

IFHP coverage: Interim Federal Health Program

Education

Children of refugee claimants have the right to attend public school in Canada. Adult claimants may also access language classes and some education programs.

Social Assistance

Depending on the province or territory where you live, you may be eligible for social assistance (welfare) if you cannot support yourself through employment.

Legal Aid

Most provinces offer legal aid for refugee claimants who cannot afford a lawyer. Legal aid programs provide free or low-cost legal representation for your IRB hearing.

If Your Claim Is Rejected

If the RPD rejects your refugee claim, you have several options:

Appeal to the Refugee Appeal Division (RAD)

In most cases, you can appeal the RPD decision to the Refugee Appeal Division (RAD) of the IRB. The RAD reviews the RPD's decision and the evidence on record. In some cases, the RAD may hold a hearing.

You generally have 15 days after receiving the RPD decision to file your appeal with the RAD.

Not all claims are eligible for RAD appeal. Exceptions include claims deemed to have no credible basis or claims from Designated Countries of Origin (if applicable under current policy).

Judicial Review at the Federal Court

If your RAD appeal is also rejected (or if your claim is not eligible for RAD appeal), you can apply for leave and judicial review at the Federal Court of Canada. The Federal Court does not re-decide your case; it reviews whether the IRB made a legal error.

You have 15 days to file for judicial review after the RAD decision (or after the RPD decision if the RAD is not available).

Pre-Removal Risk Assessment (PRRA)

If all appeals are exhausted, you may be eligible for a Pre-Removal Risk Assessment before being removed from Canada. The PRRA assesses whether you would face persecution, torture, or risk to your life if returned to your country, based on new evidence that was not available at your original hearing.

PRRA information: Pre-removal risk assessment

Humanitarian and Compassionate Grounds

In some circumstances, you may apply for permanent residency on humanitarian and compassionate (H&C) grounds. H&C applications consider factors such as establishment in Canada, best interests of any children affected, and conditions in your home country.

If Your Claim Is Accepted

If the IRB accepts your claim, you become a protected person in Canada. This status gives you the right to:

• Live and work in Canada
• Access health care and social services
• Apply for permanent residency

Applying for Permanent Residency

As a protected person, you can apply for permanent residency within Canada. The application process involves:

1. Completing the PR application forms
2. Undergoing medical and security checks
3. Providing biometrics
4. Paying the required fees

There is no deadline to apply for PR after becoming a protected person, but it is strongly recommended to apply as soon as possible.

Apply for PR as a protected person: Apply for permanent residence -- Protected persons

Finding Legal Help

Legal representation is not mandatory for your refugee hearing, but it is strongly recommended. The refugee claim process is complex, and having a lawyer significantly improves your chances of a successful outcome.

Legal Aid

Each province has its own legal aid program. Contact the legal aid office in your province:

• Ontario: Legal Aid Ontario
• Quebec: Commission des services juridiques
• British Columbia: Legal Aid BC
• Alberta: Legal Aid Alberta
• Manitoba: Legal Aid Manitoba
• Other provinces: Contact your provincial legal aid society

Community Organizations

Many community organizations provide free legal assistance, settlement services, and support for refugee claimants:

• Canadian Centre for Gender and Sexual Diversity
• Canadian Council for Refugees
• Local community legal clinics
• Settlement agencies funded by IRCC

Immigration Consultants and Lawyers

If you hire a private lawyer or consultant, make sure they are authorized:

• Lawyers must be members of a provincial or territorial law society
• Immigration consultants must be licensed by the College of Immigration and Citizenship Consultants (CICC)

Verify a representative: Check if an immigration representative is authorized

Important Tips for Refugee Claimants

1. Be truthful: The IRB places great weight on credibility. Any inconsistencies between your BOC form, your testimony, and your evidence can damage your claim. Always tell the truth, even if you think certain details are embarrassing or harmful.

2. Keep copies of everything: Make copies of every document you submit and every document you receive from IRCC, CBSA, or the IRB.

3. Meet all deadlines: The refugee claim process has strict deadlines for submitting forms, evidence, and appeals. Missing a deadline can result in your claim being abandoned or your appeal being rejected.

4. Get legal help early: Ideally, get legal advice before completing your BOC form. The BOC form sets the foundation for your entire claim.

5. Gather evidence: Country condition reports, news articles, medical reports, police reports, and letters from witnesses can all strengthen your claim.

6. Attend all appointments: Show up for every scheduled appointment, hearing, and interview. Failure to appear can result in your claim being abandoned.

7. Maintain your immigration status: Follow all conditions of your stay in Canada, including any reporting requirements.

8. Access settlement services: Settlement agencies can help you find housing, learn English or French, enroll your children in school, and access other services while you wait for your hearing.

Key Resources

• Claim refugee protection from inside Canada
• Immigration and Refugee Board of Canada
• Interim Federal Health Program
• Safe Third Country Agreement
• Canadian Council for Refugees
• Check if an immigration representative is authorized