🧭Who Can Make a Refugee Claim in Canada?

You may qualify for refugee protection in Canada if you meet one of the following definitions:

1. Convention Refugee

You have a well-founded fear of persecution in your home country based on:

• Race

• Religion

• Political opinion

• Nationality

• Membership in a particular social group (e.g. LGBTQ+, women fearing gender-based violence)

2. Person in Need of Protection

You’re at risk of torture, risk to life, or cruel and unusual treatment or punishment if returned to your home country.

🛬 Step 1: Making the Claim

You can make a refugee claim:

• At a Canadian Port of Entry (airport, land border, seaport)

• Inside Canada by applying to Immigration, Refugees and Citizenship Canada (IRCC)

At this stage, immigration officers will conduct:

• Security screenings

• Eligibility assessment (to determine if you can be referred to the Refugee Protection Division)

⚠️ Not all claims are eligible. You may be found ineligible if:

• You’ve made a previous claim in Canada

• You’ve been recognized as a refugee in another country

• You entered via a “safe third country” under the Canada–U.S. Safe Third Country Agreement (with exceptions)

📄 Step 2: Completing Your Basis of Claim (BOC) Form

If your claim is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB), you must submit a Basis of Claim form within 15 days.

📝 This form is your chance to explain:

• Why you fear returning to your home country

• What happened to you or your family

• Why Canada should protect you

🔍 Supporting documents—like medical records, police reports, or news articles—can strengthen your claim.

🧑‍⚖️ Step 3: Refugee Hearing

The IRB will schedule a refugee hearing, usually within 60 days (but this can vary).

At the hearing:

• You’ll tell your story under oath

• An IRB member will ask questions

• A representative from Canada Border Services Agency (CBSA) may participate

You can have a lawyer or legal representative with you, and interpreters are provided if needed.

✅ Step 4: The Decision

The IRB will either:

• Accept your claim – You become a protected person and can apply for permanent residence

• Reject your claim – You may appeal, apply for a judicial review, or in some cases, submit a Pre-Removal Risk Assessment (PRRA)

🔁 What If Your Claim Is Rejected?

If refused, you may have options depending on your case:

• Appeal to the Refugee Appeal Division (RAD)

• Apply for judicial review in Federal Court

• Submit an application on Humanitarian and Compassionate (H&C) grounds

• Apply for a PRRA if you’re at risk of deportation

These paths are complex and time-sensitive—legal advice is strongly recommended.

🛡️ Why Legal Representation Matters

Refugee law is complex, and mistakes can cost you your safety. A legal representative can:

• Help prepare your BOC form and supporting documents

• Represent you at your hearing

• Navigate appeals or alternative legal pathways