Already inside Canada
Submit the claim online through the IRCC Portal. Each claimant must complete a Basis of Claim form and upload it with the online claim.
Protection in Canada
Refugee Protection Claim
If returning to your home country would expose you to persecution or serious personal harm, you may be able to ask Canada for refugee protection. A claim made in Canada is first screened for eligibility and, if referred, decided by the Refugee Protection Division of the Immigration and Refugee Board of Canada.
01 What Is a Refugee Protection Claim?
A refugee protection claim, commonly called an asylum claim, asks Canada to protect a person who is already in Canada or arriving at a Canadian port of entry. It is different from refugee resettlement from outside Canada.
The Refugee Protection Division may accept a claim under either of two legal definitions. Explore the definition that applies to the feared harm.
Convention refugee
You must be outside your home country or the country where you normally live and unable to return because of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group.
Person in need of protection
You must be in Canada and show that removal to your home country or the country where you normally live would personally expose you to a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment.
02 Who Can Make a Claim?
A claim may be made by a person in Canada or at a Canadian port of entry, but IRCC or CBSA must first decide whether it is eligible to be referred to the Refugee Protection Division.
When a claim may be ineligible
- you already have protected person status in Canada or are recognized as a Convention refugee by another country to which you can return;
- you are subject to a removal order;
- you made an earlier asylum claim in Canada that was rejected, withdrawn, abandoned, or found ineligible;
- you previously made an asylum claim in another country;
- you are inadmissible on specified security, criminality, or human-rights grounds; or
- the Canada–United States Safe Third Country Agreement applies to you and no exception or exemption is available.
For claims made on or after June 3, 2025, a claim is also ineligible if it is made more than one year after the claimant first entered Canada, where that first entry was after June 24, 2020, or more than 14 days after entering Canada between ports of entry along the Canada–U.S. land border. Unaccompanied minors are exempt from these two rules.
An eligibility decision only determines whether the claim can proceed to the Refugee Protection Division. It does not decide whether the person needs refugee protection.
03 Where and How to Start a Claim
The starting point and the timing of the Basis of Claim form depend on where the claim is made.
At a port of entry
Tell a CBSA officer that you want to claim refugee protection. If the claim is referred, submit the Basis of Claim form to the Refugee Protection Division within 15 days, or follow any different instructions CBSA or the IRB gives you.
The Basis of Claim form is central to the case. Missing a filing deadline or failing to attend a proceeding may lead the Refugee Protection Division to declare the claim abandoned.
04 What Happens After You Claim?
The agencies have different roles: IRCC or CBSA screens eligibility, while the independent Immigration and Refugee Board decides the protection claim.
Submit information and complete intake
You provide identity and claim information. Biometrics are collected, and refugee claimants must complete an immigration medical examination within the required time.
IRCC or CBSA assesses eligibility
An officer reviews whether the claim can legally be referred. If it is ineligible, the claim does not proceed to a protection hearing and the person is referred to CBSA for removal steps.
An eligible claim goes to the Refugee Protection Division
The claimant receives information about the IRB process and must keep contact information current, submit required documents on time, and follow all notices and directions.
The Refugee Protection Division decides the claim
At the hearing, an IRB member considers testimony and evidence and decides whether the claimant is a Convention refugee or a person in need of protection.
05 Preparing for the Hearing
The claimant must prove the claim. Preparation commonly includes:
- providing identity documents and a complete, accurate Basis of Claim form;
- gathering personal evidence relevant to the feared persecution or harm;
- using reliable country-condition evidence where it supports the claim;
- explaining important gaps, delays, or inconsistencies in the evidence; and
- filing documents, translations, witness information, and other evidence within the IRB’s deadlines.
The member may ask about what happened, why state protection is unavailable, whether safety could reasonably be found elsewhere in the country, and other issues raised by the facts and the applicable legal test.
A claimant has the right to be represented by counsel at their own expense. A person who cannot afford counsel may be able to seek provincial or territorial legal aid.
06 After the Decision
If the claim is accepted
The claimant becomes a protected person and may apply for permanent residence in Canada. A positive decision does not itself make the person a permanent resident.
If the claim is rejected
The claimant may have a right to appeal to the Refugee Appeal Division or may seek leave for judicial review in Federal Court. The available route and deadlines depend on the decision and the claimant’s circumstances, so prompt advice is important.
07 Frequently Asked Questions
Can I make a refugee claim from outside Canada?+
Not through the in-Canada refugee protection claim process. People outside Canada follow the separate refugee resettlement system and generally must be referred by a designated organization or private sponsor.
Can I work while my claim is pending?+
You may request a no-fee open work permit. Before IRCC can issue it, the eligibility decision, medical examination, and biometrics must be completed as required.
Do I need a lawyer or immigration consultant?+
No, but you have the right to counsel at your own expense. Refugee claims involve evidence, strict deadlines, and legal tests; if you cannot afford counsel, ask whether legal aid is available in your province or territory.
Can I include family members in my claim?+
Each family member claiming protection must have their own Basis of Claim form, and each person’s circumstances must be disclosed. Family members outside Canada are not added as in-Canada claimants merely because they are listed in the application.
What happens if I miss a deadline or hearing?+
The Refugee Protection Division may begin abandonment proceedings. If a claim is declared abandoned, it will not be decided on its merits and the claimant generally cannot make another refugee claim in Canada.
Can I appeal a negative decision?+
It depends. Many claimants may appeal to the Refugee Appeal Division, but some are excluded and strict deadlines apply. A Federal Court judicial review may also be available; obtain advice immediately after receiving a negative decision.
Talk to a Licensed Expert
Need help with a refugee protection claim?
Our licensed team can help you understand the process, prepare your evidence, and present your claim clearly and on time.
