Refugee Claims

Claiming refugee protection in Canada

Canada can protect a person who is in Canada if that person meets the definition of a Convention refugee or a person in need of protection under Canada's Immigration and Refugee Protection Act (IRPA). This is not a regular immigration program and is not a pathway to extend one's stay in Canada when there is no genuine need for protection.

Who can be protected by Canada?

Convention refugee: A person who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Person in need of protection: A person who, if they returned to their home country, would face a risk of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment according to Canadian legal standards.

Not all refugee claims are processed

IRCC or the Canada Border Services Agency (CBSA) will first determine if the claim is eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).

Some cases may be ineligible, for example:

• Already recognized as a refugee in another country and able to return there;
• Already recognized by Canada as a person in need of protection;
• Previously made a refugee claim in Canada that was determined ineligible, rejected, abandoned, or withdrawn;
• Previously made a refugee claim in another country where Canadian legal restrictions apply;
• Are subject to a removal order;
• Certain cases involving security, serious criminality, or human/international rights violations;
• Certain cases limited by the Safe Third Country Agreement between Canada and the United States.

Important regulations applicable to claims from June 3, 2025

• Claims may be ineligible if made more than 1 year after the person first entered Canada, if the first entry occurred after June 24, 2020, even if the person left Canada and returned;
• Claims may be ineligible if the person entered Canada from the United States between official ports of entry and claimed protection more than 14 days after the date of entry;
• The law includes certain exceptions, including for unaccompanied minors.

How to file a refugee claim

• Filing from within Canada: usually done online via the IRCC portal;
• Claiming at a port of entry: done with the CBSA, followed by completing the file according to provided instructions.

The online process may be adjusted by IRCC from time to time. Those preparing their file should use the instructions in effect at the time of filing.

Basis of Claim (BOC) form

The BOC is one of the most important documents in a refugee claim. Each person must have their own BOC, presenting honestly and fully the facts that form the basis for the claim for protection in Canada.

• For claims filed from within Canada, the BOC and supporting documents are submitted according to current IRCC procedures;
• For claims made at a port of entry, the regulations state a 15-day deadline, but current RPD practice notices extend the BOC submission deadline to 45 calendar days from the date the file is referred to the RPD;
• Failure to submit the BOC on time may lead the RPD to schedule a hearing on abandonment, and the claim risks being declared abandoned.

What will the RPD consider?

The RPD is an independent tribunal. It may consider the BOC, testimony, identity documents, supporting evidence, country conditions, witness credibility, and other legal issues. The claimant is usually required to attend a hearing and answer questions.

If the claim is approved

If the RPD determines the claimant is a Convention refugee or a person in need of protection, they will have protected person status and may be eligible to apply for permanent residence. Being recognized as a protected person does not mean permanent residence is granted immediately.

If the claim is rejected

Depending on the type of decision and circumstances, the claimant may have the right to appeal to the Refugee Appeal Division (RAD) or seek leave from the Federal Court for judicial review. Not every case has the right to appeal to the RAD, and these procedures often have very short deadlines.

Working, studying, and healthcare while waiting

Refugee claimants may be eligible for healthcare under the Interim Federal Health Program (IFHP) and may be eligible to apply for a work permit according to IRCC regulations. Filing a refugee claim does not automatically grant the right to work. Studying also depends on age, circumstances, and applicable immigration regulations.

How KeyApply assists

KeyApply assists with gathering and organizing documents, establishing timelines, collecting evidence on country conditions, and coordinating the case file. Legal advice, hearing preparation, and representation before the IRB or Federal Court are handled by qualified lawyers or regulated immigration consultants.

Note: The refugee protection mechanism is intended for those with a genuine need for protection. Outcomes depend on the law, evidence, credibility of testimony, and individual circumstances of each case; there is no guarantee of success.

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