How to Make a Refugee Claim in Canada: Complete Step-by-Step Guide
A practical, plain-language guide to the Canadian refugee claim process — eligibility requirements, required documents, how to prepare for your refugee hearing, common mistakes to avoid, and how to appeal a refused claim.
Important: This guide is for informational purposes only and does not constitute legal advice. Every refugee case is unique. We strongly recommend retaining a qualified refugee lawyer or RCIC as early as possible.
15 days
BOC Filing Deadline
45–60 days
Hearing Scheduled
15 days
RAD Appeal Window
After referral
Work Permit Eligible
The Canadian Refugee Claim Process Explained
Canada has one of the world's most respected asylum systems. The refugee claim process is governed by the Immigration and Refugee Protection Act (IRPA) and administered by the Immigration and Refugee Board of Canada (IRB). Canada provides protection to people who face persecution, risk to their life, or cruel and unusual treatment in their home country.
There are two main types of protection recognized in Canada: Convention Refugee status (based on the 1951 Refugee Convention) and Person in Need of Protection status (based on a risk of torture or cruel and unusual treatment). Both result in the same outcome — the right to apply for Canadian permanent residence.
Making a refugee claim in Canada involves several carefully timed steps. Understanding the process, deadlines, and what the Refugee Protection Division (RPD) is looking for is essential to making a successful refugee claim.
Refugee Claim Eligibility Requirements in Canada
To be eligible to make a refugee claim in Canada, you must generally meet the following criteria.
You May Be Eligible If You…
- Fear persecution based on race, religion, nationality, political opinion, or social group
- Face a risk to your life, torture, or cruel and unusual treatment
- Cannot return safely to your home country
- Are physically present in Canada or at a Canadian port of entry
- Have not previously made a claim in Canada that was rejected
You May Be Ineligible If You…
- Were already recognized as a refugee in another country
- Arrived from the United States (Safe Third Country Agreement)
- Have been convicted of a serious crime in or outside Canada
- Previously made a refugee claim in Canada that was rejected or withdrawn
- Are a Canadian citizen or permanent resident
Step-by-Step Guide to Making a Refugee Claim in Canada
Follow these 8 steps to navigate the Canadian refugee claim application process.
Make Your Refugee Claim
A refugee claim can be made at a Canadian port of entry (border crossing or airport) or at an inland IRCC office if you are already in Canada. You will be asked to complete initial forms and explain why you are seeking protection. Do not delay — claims generally must be made within specific timeframes.
Receive Your Eligibility Determination
IRCC or the Canada Border Services Agency (CBSA) will determine whether your claim is eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). Some claims may be deemed ineligible (e.g., if you were recognized as a refugee in another country or arrived from a Designated Country of Origin).
Complete the Basis of Claim (BOC) Form
If your claim is eligible, you must complete the Basis of Claim (BOC) form — the most important document in your refugee case. The BOC describes why you fear persecution or harm in your home country. It must be submitted within 15 days of an inland claim or at the port of entry. This document must be detailed, consistent, and truthful.
Gather Supporting Evidence
Supporting your BOC with documentary evidence is critical. This includes identity documents, evidence of persecution (police reports, medical records, news articles, country condition reports), witness statements, and any other documents that corroborate your story. Evidence must be disclosed to the RPD and the other party in advance of the hearing.
Retain Legal Representation
Retain a refugee lawyer or Regulated Canadian Immigration Consultant (RCIC) experienced in refugee law. Legal aid may be available in your province. Professional legal advice significantly improves the likelihood of a successful refugee claim in Canada.
Attend Your RPD Hearing
The Refugee Protection Division (RPD) will schedule a hearing, typically within 45–60 days of the claim being referred. The RPD member will ask questions about your BOC and supporting evidence. Your legal representative can ask questions and make submissions on your behalf. Interpreters are provided.
Receive the RPD Decision
The RPD member issues a written decision. If accepted, you will be recognized as a Convention Refugee or a person in need of protection, and can apply for permanent residence. If refused, you have the right to appeal to the Refugee Appeal Division (RAD) within 15 days.
Apply for Permanent Residence
Once granted refugee protection, you can apply for Canadian permanent residence. You must apply within 180 days of the positive decision to keep the lower processing fee. Permanent residence grants full rights to live and work in Canada.
Required Documents for a Refugee Claim in Canada
Strong documentary evidence is essential to corroborate your BOC and improve your credibility before the RPD.
- Valid passport or national identity document from your country of origin
- Any other identity documents (birth certificate, national ID card)
- Basis of Claim (BOC) form — must be complete, detailed, and truthful
- Documents proving persecution (police reports, arrest warrants, court documents)
- Medical records if persecution caused physical or psychological harm
- News articles, photographs, or other evidence corroborating your account
- Country condition documentation (human rights reports, UNHCR reports)
- Witness statements from people who have knowledge of your situation
- Any prior communications with authorities in your home country
- Documentation of any refugee claim or protection application in another country
- Documents related to your family members if they are part of the claim
- Proof of arrival in Canada (e-ticket, boarding pass, passport stamps)
All documents must be translated into English or French. Submit copies, not originals, unless instructed otherwise. All evidence must be disclosed to the IRB and the other parties before the hearing.
Canada Refugee Claim Timeline and Process
A general overview of key milestones in the refugee claim process.
Claim made at port of entry or inland office
Eligibility determination by IRCC/CBSA
BOC submission deadline (inland claims)
Open work permit eligibility
RPD hearing scheduled
RPD decision issued
RAD appeal deadline (if refused)
RAD decision
PR application (if accepted)
Permanent residence granted
How to Prepare for a Refugee Hearing in Canada
Refugee claim interview tips and preparation advice from experienced RSTM Immigration consultants.
Thoroughly review your BOC before the hearing — know every detail of what you wrote.
Arrive early and dress professionally to demonstrate respect for the process.
Listen carefully to each question and answer only what is asked — do not volunteer extra information.
If you do not understand a question, ask for clarification before answering.
Speak clearly and consistently — inconsistencies are taken very seriously.
If using an interpreter, speak slowly and confirm important answers are correctly translated.
Do not exaggerate or embellish your story — credibility is everything.
Bring all your supporting documents organized and indexed.
Practice telling your story with your legal representative beforehand.
If you feel unwell or need a break during the hearing, inform the RPD member.
Common Mistakes in Refugee Claims in Canada
Avoid these frequent errors that lead to refused refugee claims.
Inconsistencies in the BOC
Any inconsistency between your BOC and your oral testimony at the hearing is a major credibility problem. Review your BOC carefully before the hearing and be prepared to answer questions about every detail.
Delayed or late filing
Failing to submit the BOC within 15 days (inland claims) can result in your claim being declared abandoned. Do not miss IRCC or IRB deadlines.
Insufficient country condition evidence
Generic personal testimony without supporting country condition reports or documentary evidence often leads to refusals. Corroborate your story with objective sources such as UNHCR reports, US State Department reports, and Amnesty International.
Not disclosing all countries lived in
You must disclose every country where you lived for more than 6 months. Failing to disclose a country — especially one where you could have claimed refugee protection — can result in an ineligibility finding.
Misrepresentation or omission
Providing false information or omitting important facts can result in your claim being denied and a bar on future applications. Always be truthful and complete.
Not retaining legal representation
Attending an RPD hearing without a lawyer or RCIC significantly reduces the chances of a successful outcome. Legal aid is available in most provinces.
How to Appeal a Rejected Refugee Claim in Canada
If the Refugee Protection Division (RPD) refuses your claim, you are not necessarily out of options. Canada's refugee system provides several avenues for appeal and review.
1. Refugee Appeal Division (RAD)
File a notice of appeal within 15 days of receiving the negative RPD decision. The RAD reviews the RPD decision on a paper record and may allow new evidence in limited circumstances. You must file your full written submissions within 30 days of the notice of appeal.
2. Federal Court – Judicial Review
If the RAD also refuses your claim, you may apply for leave and judicial review at the Federal Court within 15 days. The Federal Court does not re-hear the case but reviews whether the IRB made a legal error. Leave is not automatically granted.
3. Pre-Removal Risk Assessment (PRRA)
If you are facing removal and have not had a PRRA, you may be eligible. The PRRA considers new risks that arose after your claim was decided. It has a very low approval rate but is an important last step before removal.
4. Humanitarian & Compassionate (H&C) Application
Even while a refugee claim is pending or after a refusal, you may submit an H&C application based on establishment in Canada, hardship, and best interests of children. This is a separate stream from refugee protection.
Frequently Asked Questions About Refugee Claims in Canada
Who is eligible to make a refugee claim in Canada?
You may be eligible if you have a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, OR if you face a risk to your life, cruel and unusual treatment, or torture. You must not have already been recognized as a refugee in another country, must not have committed serious crimes, and must not have made a previous refugee claim in Canada that was rejected.
Can I work in Canada while my refugee claim is being processed?
Yes. Once your refugee claim is referred to the IRB, you are eligible to apply for an open work permit, which allows you to work for any employer in Canada while your claim is pending.
What happens if my refugee claim is refused?
If the RPD refuses your claim, you generally have 15 days to appeal to the Refugee Appeal Division (RAD). The RAD reviews the RPD decision on its merits. If the RAD also refuses, you may apply for judicial review at the Federal Court. As a last resort, a Pre-Removal Risk Assessment (PRRA) may be available before removal.
How long does the refugee claim process take in Canada?
The full process from claim to RPD decision typically takes 45–18 months depending on the complexity of the case and IRB backlogs. If an RAD appeal is filed, the overall process can extend to 2–3 years. Permanent residence after a positive decision adds another 12–18 months.
What is the Basis of Claim (BOC) form?
The BOC is the most important document in a refugee claim. It is a written account of why you fled your country and why you cannot return safely. It must describe specific incidents of persecution, name persecutors, and explain why you fear harm. The BOC forms the basis of all questions at the RPD hearing.
Is legal aid available for refugee claimants in Canada?
Yes. Legal aid is available in most Canadian provinces for refugee claimants who qualify financially. Contact your provincial legal aid office as soon as you make your claim. In provinces without legal aid coverage for refugees, low-cost or pro bono legal services may be available through NGOs.
Can family members be included in my refugee claim?
Yes. Your spouse, common-law partner, and dependent children can be included in your refugee claim as "anchor" family members, provided they are in Canada at the time of the claim. Each family member's situation will be considered together with the principal claimant's.
What are the best practices for submitting a refugee claim in Canada?
File promptly, complete the BOC truthfully and in detail, gather strong documentary evidence, retain legal representation early, disclose all countries lived in, be consistent in your account, and meet all IRB deadlines. Working with an experienced refugee lawyer or RCIC is the single most impactful step you can take.
Get Legal Advice for Your Refugee Claim in Canada
Refugee law is complex. The decisions made at each stage have life-changing consequences. RSTM Immigration's experienced consultants can help you understand your options, prepare your Basis of Claim, and navigate the IRB process with confidence.