Refugee Claims

What is a Refugee Claim in Canada?

Under the Immigration and Refugee Protection Act (IRPA) of Canada, a refugee claim is a legal process that allows an individual in Canada to seek Canadian protection because they are unable or afraid to return to their home country due to fear of persecution or facing serious danger.

A person may be protected in Canada if they belong to one of two legally recognized groups:

Convention Refugee:

People who fear persecution have a valid reason for doing so:

• Race
• Religion
• Nationality
• Member of a particular social group
• Political viewpoint

Person in Need of Protection:

People at risk:

• Torture
• Cruel or inhumane treatment or punishment
• It is life-threatening to be deported back to the country of origin.

The main steps in the asylum process in Canada.

1. Making a refugee claim

An individual can file a refugee claim:

• At the point of entry (airport, border) with CBSA, or
• Within Canada via IRCC

IRCC or CBSA will review the eligibility of the asylum application before forwarding the case to the IRB.

2. Reviewed by the Immigration and Refugee Board of Canada (IRB)

Eligible applications will be forwarded to the Refugee Protection Division (RPD) of the IRB.

The RPD is an independent agency responsible for:

• Hold a hearing.
• Evaluating evidence and testimony
• The decision determines whether the applicant is eligible for protection under Canadian law.

3. Refugee hearing

During the hearing:

• Applicants have the opportunity to present their story and evidence.
• A lawyer or authorized representative may be involved.
• Members of the IRB will ask questions and evaluate the entire application.

4. Decision

After reviewing the documents and hearing, the IRB may:

• Approved → The applicant is recognized as:
  • Convention Refugee or
  • Person in Need of Protection
    → It is possible to apply for permanent residency (PR)
• Reject → May have the right to:
  • Appeal to the Refugee Appeal Division (RAD), or
  • Request a Judicial Review from the Federal Court (depending on the case).

Support and services for asylum seekers

According to information from the Canadian government, those filing refugee claims may be eligible for access to:

• Basic healthcare services under the Interim Federal Health Program (IFHP)
• Support for settlement and reintegration
• Children have access to public education.
• Work permit pending decision (if eligible)

Refugee application support services through KeyApply's partner lawyers.

KeyApply works with licensed immigration lawyers in Canada who have experience assisting with refugee claim cases under Canadian law.

The scope of support includes:

• Consultation on refugee claim procedures according to IRCC and IRB guidelines.
• Assist in preparing the necessary documents and files.
• Coordinate with the client's attorneys during hearings before the IRB.
• Instructions on the next steps following the IRB's decision (if approved or rejected).

Clients work directly with the lawyer in charge of their case, and service fees are clearly and transparently stated in the contract, in accordance with Canadian law.

The Canadian asylum process is a rigorous legal process designed to protect those who are genuinely facing serious danger. Each case is assessed based on evidence, applicable law, and individual circumstances; there are no guarantees of outcome.

Understanding the process correctly and accessing appropriate legal support is crucial for applicants to exercise their rights under Canadian law.

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