Refugee Claim (Asylum)
in Canada
What is a refugee claim?
A refugee claim is an application for protection made by a person who fears persecution, torture, risk to life, or cruel and unusual treatment or punishment if they return to their country of nationality or habitual residence. Refugee claims in Canada are assessed under the Immigration and Refugee Protection Act and are decided by the Immigration and Refugee Board of Canada. A refugee claim is not an immigration program and is not based on economic factors, work experience, or education. It is a protection based process that focuses on risk, credibility, and evidence.
Who can make a refugee claim in Canada?
A person may make a refugee claim inside Canada or at a Canadian port of entry if they are physically present in Canada and are not barred from making a claim. Claimants must show that they meet the definition of a Convention refugee or a person in need of protection. Some individuals may be ineligible to make a claim due to prior refugee claims, protection in another country, serious criminality, or specific international agreements. Eligibility is assessed by IRCC or CBSA before the claim is referred to the Immigration and Refugee Board.
Types of refugee protection in Canada
I. Convention refugees
Convention refugees are persons who have a well founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The fear must be personal, and supported by evidence.
II. Persons in need of protection
Persons in need of protection are individuals who face a risk of torture, a risk to life, or a risk of cruel and unusual treatment or punishment if returned to their country, and where the risk is not faced generally by others in that country.
Where and how a refugee claim is made?
A refugee claim can be made at a Canadian port of entry or from inside Canada through IRCC. The process and timelines differ depending on where the claim is made, but the legal test remains the same. Once a claim is made, IRCC or CBSA determines eligibility. If eligible, the claim is referred to the Refugee Protection Division of the Immigration and Refugee Board for a hearing.
The Basis of Claim form
The Basis of Claim form is the most important document in a refugee claim. It is a sworn narrative explaining who the claimant is, what happened, why they fear return, and why state protection is unavailable. Inconsistencies, omissions, or vague statements in the Basis of Claim often determine the outcome of the case. This document must be detailed, internally consistent, and supported by evidence. Errors made at this stage are difficult to fix later.
Evidence in refugee claims
Refugee claims are evidence driven. Evidence can include identity documents, police reports, medical records, court documents, arrest warrants, media articles, expert reports, affidavits, and country condition documentation. Evidence must support both the claimant’s personal narrative and the broader risk situation in the country of origin. Lack of evidence does not automatically mean refusal, but credibility becomes central where documentation is limited. Proper explanation of gaps is critical.
Refugee hearing process
After referral, the claimant is scheduled for a hearing before a decision maker of the Refugee Protection Division. At the hearing, the claimant testifies under oath and is questioned on their story, evidence, and credibility. The hearing is adversarial and focused on testing consistency, plausibility, and risk. Legal representation at the hearing is strongly recommended. Many refusals result from claimants being unable to clearly explain inconsistencies or respond effectively to credibility concerns.
What happens if a refugee claim is accepted?
After referral, the claimant is scheduled for a hearing before a decision maker of the Refugee Protection Division. At the hearing, the claimant testifies under oath and is questioned on their story, evidence, and credibility. The hearing is adversarial and focused on testing consistency, plausibility, and risk. Legal representation at the hearing is strongly recommended. Many refusals result from claimants being unable to clearly explain inconsistencies or respond effectively to credibility concerns.
What happens if a refugee claim is refused?
If a claim is refused, the claimant may have the right to appeal to the Refugee Appeal Division, apply for judicial review at the Federal Court, or pursue other risk based remedies such as a Pre Removal Risk Assessment, depending on the case and eligibility. Deadlines are strict and missing a deadline can permanently eliminate available remedies.
Work permits and healthcare during a refugee claim
Most refugee claimants are eligible to apply for an open work permit after their claim is referred. Claimants may also be eligible for limited healthcare coverage under the Interim Federal Health Program.
Common mistakes in refugee claims
Common mistakes include filing weak or inconsistent Basis of Claim narratives, failing to disclose prior immigration history, relying on generic country reports without tying them to personal risk, submitting inconsistent documents, and underestimating the importance of credibility.
Refugee claims and misrepresentation risks
Providing false information, omitting material facts, or submitting fraudulent documents can lead to refusal and serious long term immigration consequences. Even small inconsistencies can undermine credibility if not properly explained.
How long does the refugee process take?
Timelines vary depending on the country of origin, IRB workload, and complexity of the case. Some claims are scheduled quickly while others take longer. There is no guaranteed processing time.
How long does the refugee process take?
Timelines vary depending on the country of origin, IRB workload, and complexity of the case. Some claims are scheduled quickly while others take longer. There is no guaranteed processing time.
How much does refugee representation cost?
Legal fees depend on the complexity of the claim, evidence volume, and hearing preparation required. Refugee claims are often handled in stages, with separate fees for preparation and hearing representation. Government fees are generally minimal, but legal work is extensive.
Our scope of services
Our services include assessing eligibility, preparing and drafting the Basis of Claim, reviewing and organizing evidence, preparing claimants for the refugee hearing, representing claimants before the Immigration and Refugee Board, advising on work permits and healthcare, and pursuing appeals or judicial review where appropriate. We take a strategic, evidence driven approach focused on credibility and risk assessment.
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