Refugee Claim Process in Canada: A Step-by-Step Guide

Step 1: Making the Claim

You can make a refugee claim at:

• A Port of Entry (airport, land border, seaport) when you arrive in Canada.
• An inland IRCC office if you are already in Canada.

Note: If you crossed from the United States at a land border, the Safe Third Country Agreement may prevent your claim — unless an exception applies (e.g., you have family in Canada).

Step 2: Eligibility Determination

IRCC will review whether your claim is eligible. You will be given a Basis of Claim (BOC) Form to complete, describing why you cannot return to your country. You must submit this form within 15 days of the eligibility interview.

Step 3: Refugee Protection Division (RPD) Hearing

Your case will be heard by the Immigration and Refugee Board (IRB), RPD. Timelines depend on your country of origin:

• Designated Countries of Origin (DCO): hearing within 30–45 days.
• Non-DCO claimants: hearing within approximately 45–60 days (in practice, often longer due to backlog).

You will present evidence (affidavits, country condition documents, witness testimony) and be questioned by an IRB Member.

Step 4: Decision

• Accepted: You receive Protected Person status. You may apply for Permanent Residence.
• Rejected: You typically have 15 days to appeal to the Refugee Appeal Division (RAD).
• RAD rejected: You may apply for a Pre-Removal Risk Assessment (PRRA) or a Judicial Review at Federal Court.

Work and Study While Your Claim Is Pending

Most refugee claimants are eligible for an open work permit and a study permit while their claim is processed. You should apply for these as soon as your claim is filed.

Key Documents to Gather

• Passport(s) and travel documents.
• Birth certificates for yourself and dependants.
• Evidence of persecution (police reports, hospital records, threatening letters).
• Country condition reports (available from the IRB's National Documentation Packages).