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Refugee Claims
A refugee claim allows people who fear persecution, torture or cruel and unusual treatment in their country of origin to seek protection in Canada. If the final decision is favorable, the refugee claimant becomes a protected person, can apply for permanent residence, and is allowed to remain in Canada without fear of being returned to their country of origin.
There are three main stages to the refugee claim:
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Portal or forms submission, eligibility determination, and referral to the RPD
Who can be granted asylum in Canada?
In order to become a protected person, you must demonstrate that you meet either the definition of a refugee as per the 1951 Geneva Convention (incorporated into section 96 of the IRPA), or the definition of person in need of protection as per section 97 of the IRPA.
âž” A convention refugee
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A Convention refugee is outside their country of nationality (or habitual residence for stateless persons) and is unwilling or unable to avail themselves of the protection of that country because of a well-founded fear of persecution. The persecution they fear must be due to one of the following five factors:
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Examples:
Ethnic or linguistic group or minority.
Their race
Examples:
Religious minority, religious convert.
Their religion
Examples:
Real or perceived government opponent, human rights activist, journalist.
Their political opinions
Their nationality
Examples:
Sexual orientation, gender identity, victims of gender-based violence.
Their social group
​➔ A person in need of protection
Is in Canada and cannot return to their country of origin or country of usual residence because they would be personally subjected to:​
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torture; or
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risk to their life or risk of cruel and unusual treatment or punishment.
Who is not eligible to file a refuge claim?
People in some categories are not eligible to have their refugee claims examined by the RPD, no matter how strong their fear of persecution or the risks they face. This includes:
People who are subject to a removal order from Canada.
People who are subject to the Safe Third County Agreement with the United States (see the resource on the STCA here).
People who have already made a refugee claim in Canada (whether that claim was accepted, refused, abandoned, withdrawn, or determined to be ineligible).
People who have already applied for asylum in the United States, United Kingdom, Australia or New Zealand (regardless of the outcome).
People who have already been recognized as refugees in another country to which they could return.
People who are inadmissible to Canada for reasons of security, serious criminality, organized criminality, or violation of human rights.
How can I submit my application?
All refugee claims are submitted from inside Canada, either:
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when you arrive at a Canadian port of entry; or
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from within Canada if you are already in Canada.
If you are at a port of entry:
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âž” You can make a refugee claim at a port of entry (for instance an airport or land border crossing).
âž” But note that if you make a refugee claim at a land port of entry from the United States, you may be subject to the Safe Third Country Agreement and your claim may be ruled ineligible. See the resource on the STCA for details.
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​➔ Procedures for refugee claims at a port of entry vary. But one common scenario is that the eligibility of your claim is assessed on the spot by a CBSA agent and you are given two separate deadlines:
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A 45-day deadline to fill out your refugee claim digital forms on the IRCC portal; and
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A different 45-day deadline to fill out your BOC form and submit it it to the IRB.
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If you are already in Canada:
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âž” You must submit your refugee claim online via the IRCC Portal.
âž” In this situation, you must be prepared in advance to answer all of the questions on the digital forms and also upload your BOC before you can submit the application.
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âž” Note that if you entered Canada from the United States irregularly (between official ports of entry), and less than 14 days ago, you may be subject to the Safe Third Country Agreement and your claim may be ruled ineligible. See the resource on the STCA for details.
The eligibility of your refugee claim will be assessed by a CBSA or IRCC agent:
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If you made your refugee claim at a port of entry, this will usually (but not always) happen immediately.
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If you made your refugee claim inland, this will always happen at a subsequent interview.
If your claim is ELIGIBLE:
If your claim is INELIGIBLE:
âž” You will receive a refugee claimant identity document (RPCD or "brown paper") that confirms that your refugee claim has been referred to the RPD, and that you are eligible for IFHP health insurance.
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âž” Unless you already submitted your BOC form when making your refugee claim inland, you will be given the form to fill out and send to the IRB.
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âž” You will nevertheless receive a refugee claimant identity document (RPCD or "brown paper") that confirms that you are eligible for IFHP health insurance. But it will state that your refugee was ineligible for referral.
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➔You may be subject to removal (deportation) from Canada. See the resource on Refused Refugee Claims for details about the removal process.
Note on the Basis of Claim Form (BOC)
The BOC is a paper or PDF form which all refugee claimants must complete and submit to the RPD.​
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Inland refugee claimants must submit it on the IRCC portal when submitting their refugee claims;
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Port-of-entry refugee claimants will usually be given the form when their claim is referred to the IRB, along with instructions and a deadline to complete it.
The BOC is where you will have an opportunty to provide details about your fears of persecution or harsh treatment in your home country.
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Regardless of when during the process you fill out the BOC form, it is extremely important to have help from a lawyer or immigration consultant, ideally the same one who will represent you at your eventual hearing. Inconsistencies or omissions between what you write in the BOC and what you say at the hearing could damage your credibility and result in the refusal of your claim.
What is the refugee claim hearing?
Your lawyer can also discuss what evidence you will want to gather to convince the decisionmaker that you are a Convention refugee or person in need of protection. This can include evidence of:
If your refugee claim is eligible, it will be forwarded to the RPD of the IRB.
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Some time later, the RPD will set a hearing date and inform you through the IRCC portal or by mail.
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It is very important to look for a lawyer or immigration consultant to represent you during this process. Your lawyer can advise you on how to fill out your BOC, help you prepare for your hearing, and be present at the hearing to make oral arguments.
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Your identity.
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Examples: passport, national identity card.
The inability to settle safely in any other region of your home country.
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Examples: documents that show you tried to escape to another area, reports that prove the problem exists across the country.
The risks of persecution in your country of origin.
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Examples: police reports, medical records, photos, affidavits, letters from healthcare professionals, proof of membership in a political or religious group, notes or recordings of threats against you.
Your credibility.
The lack of protection from your government.
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Examples: national reports on lack of government protection or police corruption, unanswered complaints to the police, evidence that your persecutor is a state agent.
Since 2020, most refugee claim hearings are now held virtually, by videoconference.
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At the hearing you will have an opportunity to explain why you fear going back to your country of origin. The decisionmaker (a member of the RPD) may quiz you about aspects of your story.
For more details regarding the refugee claim hearing, you can see the:
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Refugee hearing preparation guide from myrefugeeclaim.ca
What happens after the hearing?
The RPD member may communicate their decision orally during the hearing or by mail after the hearing.
If your refugee claim is accepted:
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âž” You obtain the status of protected person status.
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âž” You are allowed to stay in Canada and no longer risk being returned to your country of origin.
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​➔ You can apply for permanent residence. It is possible to include your family members in Canada and abroad (spouse, common-law partner, dependent children) in your application.
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If your refugee claim is rejected:
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âž” You can decide to leave Canada voluntarily.
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âž” If you wish to contest the refusal and stay in Canada, see our resource on refugee claim appeals and the removal process. Note that the deadlines to contest a refusal are typically very short.
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The information presented on this page does not constitute legal advice. It is important to ask a lawyer or other legal counsel for professional advice before making decisions.
Information current as of July 11, 2024
Links for further information:
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IRCC information on claiming refugee status from inside Canada
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myrefugeeclaim.ca, a guide put together by Kinbrace Refugee Housing & Support in Vancouver, BC
Glossary
IRB:
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Immigration and Refugee Board. ​This independent administrative tribunal is responsible, for instance, for deciding on the merits of refugee claims. Two of its divisions are the Refugee Protection Division (RPD) and Refugee Appeal Division.
CBSA:
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Canada Border Services Agency. This is a law enforcement agency responsible for customs and for immigration enforcement, including removals (deportations) from Canada.
Federal Court:
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Canadian court that can, for instance, review immigration decisions taken by the IRB, IRCC or CBSA.
RPCD:
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Refugee Protection Claimant Document (commonly called a "brown paper"). This document is proof that the person holding it has made a refugee claim and is eligible for IFHP health insurance. It will state near the bottom whether the claim was eligible to be referred to the IRB or not.
BOC:
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Basis of Claim Form. Refugee claimants must fill out this form, detailing their fear of persecution in their home country, and send it to the RPD.
IRCC:
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Immigration, Refugees and Citizenship Canada. The agency of the federal bureaucracy responsible for programs and services having to do with immigration, establishment, resettlement of refugees and citizenship.
IRPA:
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Immigration and Refugee Protection Act. The principal piece of federal legislation dealing with immigration and refugee matters.
IFHP:
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Interim Federal Health Program. This medical coverage provides limited and temporary health care protection to refugee claimants as well as some other groups such as immigration detainees and victims of human trafficking. This coverage ends either after a refugee claim is accepted and the person is eligible for provincial health care coverage, or on the removal (deportation) date of a refused refugee claimant.
Permanent residence:
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Allows a person to immigrate to Canada legally and permanently. A Permanent Resident can usually apply for Canadian citizenship after 3 years.
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