Our ServicesFiling a refugee claim in Canada can seem unnerving. You might have to deal with forms you don’t understand, tight deadlines, meetings, and the pressure to explain why going back to your country of origin could jeopardize your safety.
It’s much easier to get the process figured out early. A good immigration lawyer can also help you organize your facts, identify key evidence, and know what to expect at every stage.
At ImmigrationWay, applicants can rely on legal advice tailored to their situation. Our team assists clients with Canadian immigration and refugee matters.
Below are some of the most frequently asked questions about refugee claims in Canada.
Who Can Make a Refugee Claim in Canada?
Canada provides refugee protection to people who can establish that they are a Convention Refugee or a person in need of protection.
Typically, a Convention Refugee is someone who has a well-founded fear of persecution because of his or her race, religion, nationality, political opinion, or membership in a particular social group. An individual whose protection is needed may be subject to torture, a threat to life or cruel and unusual treatment or punishment upon being sent back to his or her country.
Nevertheless, fear alone is not a necessary precondition to file a refugee claim.
For claims made on or after June 3, 2025, additional eligibility requirements may apply. For example, certain claims made more than one year after a person’s first entry into Canada may be ineligible. Rules may also affect some applicants who cross Canada between formal ports of entry, such as between the United States and Canada.
Since the history of immigration and travel may have a direct bearing on eligibility, it may be helpful to consider the advice of a Toronto refugee lawyer early in order to get an idea of what rules may apply to your case.
How Do I Start a Refugee Claim?
A refugee claim can generally be made when you arrive at a Canadian port of entry or after you are already inside Canada.
At a port of entry, a Canada Border Services Agency (CBSA) officer assesses whether your claim is eligible to be referred to the Refugee Protection Division (RPD). Inland applicants generally begin through the applicable online process and later attend an appointment with Immigration, Refugees and Citizenship Canada (IRCC).
The Basis of Claim (BOC) form is one of the most vital forms in the process. It explains what happened to you, why you fear returning home, and why you are requesting Canada’s protection.
Accuracy matters. The supporting documents, prior immigration history, and statements that you give during your hearing should be reflective of a clear and consistent account given by your BOC.
What Happens at a Refugee Hearing?
When your qualified claim is sent to the RPD, it will decide whether you should be granted protection as a refugee.
You may also be questioned about your identity, experiences, travel history, fear of danger, efforts to seek protection, and the situation in your home country. The RPD will take into account the evidence and then make its decision.
To most applicants, the hearing process is one of the most stressful procedures of claiming refugee status.
ImmigrationWay can help applicants understand the hearing process, organize supporting documentation, and prepare key issues that may be involved in their case.
What Evidence Can Help Support My Refugee Claim?
No single document proves every refugee claim.
Depending on your circumstances, supporting evidence could include:
- Identity and travel documents
- Police or medical records
- Threatening emails, messages, or letters
- Photographs or videos
- Witness statements
- News reports
- Documents related to political, religious, or social activities
- Evidence about conditions in your home country
The IRB specifically requires claimants to obtain and provide documents supporting their protection claim.
Additional paperwork does not necessarily imply a better case. The evidence must be pertinent, believable, systematized and coherent with your description. A Toronto refugee lawyer can assist in highlighting any gaps and understanding what evidence can bolster your specific claim.
Frequently Asked Questions
- Am I allowed to work pending my refugee claim?
Eligible asylum seekers may be able to obtain a work permit once they have completed the necessary procedures, including biometrics and an immigration medical test. - How long does a refugee claim take?
There is no single timeline. Processing can depend on eligibility assessment, RPD scheduling, the complexity of your case, and other circumstances. - Do I need an immigration lawyer?
Having legal representation is not mandatory. However, refugee claims involve legal requirements, evidence, deadlines, and potentially a hearing. The IRB confirms that claimants have the right to be represented by counsel at their own expense. - What happens if my refugee claim is accepted?
If the RPD accepts your claim, you receive protected person status. You may then be able to apply for permanent residence in Canada. - Can I appeal in case my refugee claim is rejected?
Unsuccessful applicants may appeal to the Refugee Appeal Division (RAD). If you appeal to the RAD, you usually have 15 days to file the notice of appeal after receiving the RPD decision; therefore, it is important to act in time.
Talk to a Toronto Refugee Lawyer About Your Case
A refugee claim is more than just another immigration application. You explain why you need Canada’s protection, and how you present your circumstances, evidence, and legal arguments can be extremely important.
ImmigrationWay can help you through the process and explain what you can do legally, whether you are considering making a refugee claim, have made a refugee claim or are going to an RPD hearing.
With more than 20 years of experience in the sphere of Canadian immigration, our team helps clients with complex immigration issues and provides them with personalized counselling throughout the process.
An experienced Toronto refugee lawyer may help you understand important deadlines, how to organize supporting evidence, how to prepare to have your case heard, and make wise choices about how to proceed with your case.
