Refugee Claims in Canada

A refugee claim is a formal request for protection from the Canadian government. It is not an immigration application. You are asking Canada to recognize that returning to your home country would put you at serious risk — and that your own government cannot or will not protect you.

Who Can Make a Refugee Claim

You can make a claim at a Canadian port of entry (airport, land border crossing) or at an inland IRCC office after you have already entered Canada.

You are not eligible to make a claim if:

• You arrived from the United States at an official port of entry (Safe Third Country Agreement — see below)
• You previously made a refugee claim in Canada that was rejected, withdrawn, or abandoned
• You made a refugee claim in another country that has a refugee-sharing agreement with Canada
• You have been recognized as a refugee by another country where you can return
• You are inadmissible on grounds of serious criminality or security

Safe Third Country Agreement (STCA): Canada and the United States treat each other as safe countries for refugees. Since March 25, 2023, the STCA applies to the entire Canada-US border — not just official ports of entry. This change closed Roxham Road as a viable irregular crossing route. Anyone crossing anywhere along the land border from the US is now subject to the STCA and is generally ineligible to make a claim in Canada.

STCA exceptions — you may still be eligible if:

Two Legal Grounds for Protection

The RPD can recognize you as a protected person under two sections of IRPA. Most claims rely on one or both.

Section 96 — Convention Refugee

You have a well-founded fear of persecution based on one of five grounds from the 1951 UN Refugee Convention:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group (includes gender-based persecution, sexual orientation, family membership)

The fear must be both subjective (you genuinely fear it) and objective (a reasonable person in your situation would also fear it). Persecution means serious harm — not discrimination or general hardship.

Section 97 — Person in Need of Protection

You face a personalized risk in your home country of:

• Torture (as defined in the UN Convention Against Torture)
• Risk to life
• Risk of cruel and unusual treatment or punishment

Section 97 applies when the risk does not fit the five Convention grounds but is still serious and personal. Generalized risk — danger that affects everyone in a country equally — does not qualify under s. 97. A claimant from a country with widespread gang violence must show they face a specific, individualized risk beyond what the general population faces.

How to Make a Refugee Claim: Step by Step

At a port of entry (airport or land border):

1. Tell a Canada Border Services Agency (CBSA) officer you want to make a refugee claim 2. CBSA conducts an eligibility interview and takes biometrics 3. If eligible, your claim is referred to the RPD 4. You receive a date for your RPD hearing 5. Submit your Basis of Claim (BOC) form within 15 days of the referral

Inland (already in Canada):

1. Go to an IRCC office or Service Canada location 2. Submit your claim — the BOC form is due the same day 3. IRCC determines eligibility and refers the claim to the RPD

The Basis of Claim form is the most consequential document in your case. It is a written narrative explaining why you fear returning to your home country, what happened to you, and why your government cannot protect you. Inconsistencies between the BOC and your oral testimony at the hearing are the most common reason claims are rejected. Get legal help before submitting it.

The RPD Hearing: What to Expect

The RPD hearing is an administrative hearing before one IRB member — not a courtroom trial. Hearings typically run 2–4 hours.

Who is present:

• You (the claimant)
• Your lawyer or legal representative (if you have one)
• An RPD member (the decision-maker)
• An interpreter (provided free of charge if needed)
• A Refugee Protection Officer (RPO) — a government officer who may ask questions

What happens at the hearing:

1. The RPD member reviews your BOC and supporting documents 2. The RPO or member asks questions about your claim, your history, and country conditions 3. You present additional evidence: country condition reports, medical records, police reports, affidavits 4. Your lawyer makes legal submissions

Credibility is the central issue. The RPD member assesses whether your account is internally consistent, detailed, and supported by objective country condition evidence. Vague or shifting answers about key events — dates, locations, what was said — are treated as credibility problems.

Designated Countries of Origin (DCO): Claimants from countries on Canada's DCO list (countries deemed to have functioning asylum systems, including most EU countries, the US, and Australia) are scheduled for hearings faster and have limited appeal rights to the RAD. As of 2026, the DCO list covers approximately 42 countries.

After the Decision: Outcomes and Next Steps

If rejected — the appeal path:

1. Refugee Appeal Division (RAD) File a Notice of Appeal within 15 days of the RPD decision. The RAD reviews the RPD decision on the written record — usually no new hearing. New evidence can be submitted only in limited circumstances (it was not reasonably available before, or it addresses the RPD's reasons for rejection). RAD decisions typically take 6–12 months.

2. Federal Court — Judicial Review If the RAD rejects your appeal, apply for leave to the Federal Court within 15 days. The Federal Court does not re-decide your claim. It reviews whether the RAD made a legal error — an unreasonable finding, a procedural breach, or a misapplication of the law. Leave is granted in roughly 15–20% of applications.

3. Pre-Removal Risk Assessment (PRRA) A last-resort application before removal. Available if country conditions have changed significantly since your last decision, or if you have new evidence of risk. In most cases, a PRRA cannot be applied for until 12 months after a final negative decision. Approval rates for PRRAs are low — under 5% historically — because the standard requires new evidence not previously considered.

4. Humanitarian and Compassionate (H&C) Application A separate application to IRCC based on establishment in Canada, best interests of children, and hardship if removed. H&C applications are independent of the refugee process and can be made at any time. They do not stop removal on their own, but a positive H&C decision leads to permanent residence.

Rights and Benefits While Your Claim Is Pending

You do not have the right to a Canadian passport while your claim is pending. Once recognized as a protected person, you can apply for a Refugee Travel Document — a Canadian travel document that allows international travel without using your home country's passport.

Key Timelines and Deadlines

Missing a deadline in the refugee process can permanently close an avenue of appeal.