Refugee Claims in Canada

Refugee Claims in Canada

Updated September 2026. This guide explains how a refugee claim in Canada is assessed, from eligibility and referral through the Refugee Protection Division process.

Making a refugee claim in Canada

A person in Canada may seek refugee protection if they fear return and can establish the requirements of section 96 or section 97 of IRPA. IRCC or CBSA first decides whether the claim is eligible for referral. The Refugee Protection Division (RPD) decides the merits of an eligible claim.

Eligibility comes first

A claim can be ineligible because of protected status in Canada, recognition as a Convention refugee by another country to which the person can return, a removal order, certain previous asylum claims, specified inadmissibility findings, or entry from the United States where the STCA applies. For claims made on or after June 3, 2025, additional ineligibility rules address claims made more than one year after a first entry after June 24, 2020, and claims made more than 14 days after entry between ports along the Canada–US land border. Exceptions include unaccompanied minors. Check the current IRCC eligibility rules against your exact entry and claim dates.

Starting the claim

Inland claimants generally begin through IRCC’s online asylum process. A claim can also be made at a port of entry. Claimants provide identity, immigration, travel and family information and the facts supporting protection. Accuracy is critical because screening statements, previous immigration applications, the BOC and later testimony may be compared.

Basis of Claim form

The BOC is central to the refugee case. It explains who the claimant is, what happened, who is feared, why the claimant cannot safely return and other material facts. The account should be truthful, complete and chronological. Current RPD practice gives port-of-entry claimants 45 calendar days after referral to provide the BOC. Missing a required deadline can lead to abandonment proceedings.

Evidence for a refugee claim

Evidence can include identity and civil-status documents, threats and communications, police or court records, medical or psychological evidence where relevant, photographs, witness evidence, proof of political, religious, social or other activities, travel records and reliable country-condition evidence. Claimant-specific evidence and the IRB’s National Documentation Package often work together.

After referral to the RPD

The RPD schedules the claim and issues procedural directions. Claimants must keep their contact information current, comply with disclosure deadlines and attend the hearing. Depending on the facts, the hearing may examine credibility, state protection, internal flight alternative, Convention nexus, personalized risk and exclusion.

If the claim is accepted or refused

An accepted claimant becomes a protected person and may generally apply for permanent residence subject to the applicable requirements. After refusal, the claimant may have access to a Refugee Appeal Division (RAD) appeal, Federal Court judicial review, a Pre-Removal Risk Assessment (PRRA) when eligible, or another remedy depending on the decision and immigration history.

When early legal review matters

Early review is particularly important where there was previous asylum activity, status or protection in another country, entry from the United States, criminality or security concerns, delay in claiming, inconsistent prior applications, return travel, or a possible exclusion issue.

Prepare for your refugee claim consultation

Prepare a dated travel and immigration history, identity documents, previous applications or claims, and a brief chronology of the events behind your fear of return. Preserve original messages and documents. Identify any gaps or inconsistencies so they can be addressed before forms and evidence are finalized.

For advice on a new claim, request a refugee claim consultation. If a decision has already been issued, start with options after refusal so the available review route can be assessed.

Official resources

• IRCC: Asylum eligibility
• IRB: RPD

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This page provides general legal information, not advice for an individual case. Laws, policies and procedural directions can change. Confirm the requirements and deadlines that apply to your matter.