Making a Refugee Claim in Canada: Step-by-Step Guide

Who Can Make a Refugee Claim in Canada?

Canada provides protection to people who face a serious risk of persecution, torture, or cruel and unusual treatment or punishment if they return to their home country. You may be eligible to make a refugee claim if you face persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

You can make a refugee claim at a Canadian port of entry (airport or land border) or at an IRCC inland office if you are already in Canada. You generally cannot make a refugee claim if you come from a designated "safe third country" — which currently applies mainly to arrivals from the United States at land borders (with some exceptions).

Step 1: Making Your Claim

When you make your claim, you will receive a Basis of Claim (BOC) form to complete within 15 days. The BOC explains in detail why you cannot return to your home country. This document is the core of your case and must be accurate and thorough.

Step 2: Eligibility Determination

IRCC or the Canada Border Services Agency (CBSA) first determines whether your claim is eligible to be referred to the Immigration and Refugee Board (IRB).

Step 3: IRB Hearing Before the Refugee Protection Division (RPD)

Eligible claims are heard by the Refugee Protection Division of the IRB. A decision-maker reviews your BOC, hears your testimony, and may question you about your claim. Processing times often range from 12 to 24 months or more.

Step 4: If Your Claim Is Approved

A positive RPD decision means you are recognized as a Convention refugee or a person in need of protection. You can then apply for permanent residence in Canada.

Step 5: If Your Claim Is Rejected

You may appeal to the Refugee Appeal Division (RAD) within 15 days of receiving written reasons. Further appeals to the Federal Court are possible but require leave. A lawyer is strongly recommended for appeals.