Canada
Refugee Protection in Canada
Claiming Refugee Protection in Canada
If you fear persecution or serious harm in your home country, you may be able to ask Canada for protection — known as claiming asylum. A claim can be made from inside Canada or at a port of entry, and is decided by the independent Refugee Protection Division of the Immigration and Refugee Board. This page explains who can claim, how the process works, and what to expect along the way.
01 What Refugee Protection Means
Claiming asylum means asking Canada for protection because it is not safe for you in your own country. According to Immigration, Refugees and Citizenship Canada (IRCC), you may be able to ask for refugee protection if you cannot return home because of a well-founded fear of persecution, a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment.
Claiming protection from within Canada or at a port of entry is different from refugee resettlement, which is for people who are still outside Canada and are referred for resettlement by the UN Refugee Agency, a designated referral organization, or a private sponsor.
A claim made in Canada is first screened for eligibility by IRCC or the Canada Border Services Agency (CBSA), and — if eligible — is referred to the Refugee Protection Division (RPD) of the independent Immigration and Refugee Board of Canada (IRB), which decides whether you qualify for protection.
02 Convention Refugees & Persons in Need of Protection
At your hearing, you must show that you meet one of two definitions in Canadian law. Both lead to protected person status if your claim is accepted, but they rest on different grounds.
Convention Refugee
A person who cannot return home because of a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group (for example, gender or sexual orientation).
Person in Need of Protection
A person who would face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if returned to their home country.
03 Who Can Claim & Eligibility
To make a claim, you must be physically present in Canada or seeking entry at a port of entry (an airport, seaport, or land border). An officer first decides whether your claim is eligible to be referred to the IRB. In general, your claim is not eligible if you:
- have already been recognized as a Convention refugee by another country you can return to
- already have protected person status in Canada
- are subject to a removal order
- have already made an asylum claim in another country
- are inadmissible to Canada on security, criminality, or human-rights grounds
- made a previous Canadian claim that was found ineligible, rejected, abandoned, or withdrawn
- entered Canada from the United States along the land border (subject to the Safe Third Country Agreement — see below)
New time-based rules (verified June 2026): Under rules in force for claims made on or after June 3, 2025, a claim may also be ineligible if it was made more than 1 year after you first entered Canada (where you entered after June 24, 2020), or if you crossed from the U.S. between ports of entry and waited more than 14 days to claim. Canada's asylum framework has been changing — these rules are set by federal law and policy and are subject to change, so confirm the current rules on the official IRCC page before relying on them.
04 Inland vs. Port-of-Entry Claims
Where and how you make your claim shapes the first steps of the process. There are two main routes.
Inland Claim (from within Canada)
If you are already in Canada, you start your claim online through the IRCC Portal, answer the required questions, and upload your documents. An officer then reviews eligibility, often followed by an in-person appointment.
Port-of-Entry Claim (at the border)
You can make a claim when you arrive at an airport, seaport, or land border. A CBSA officer interviews you, collects documents, and determines whether your claim can be referred to the IRB.
At your appointment or interview, IRCC or CBSA will ask about your background and the dangers you face, collect your biometrics, and hold your travel documents until a final decision is made. The intake steps and timelines can change — confirm current details on the official IRCC and CBSA pages.
05 The Safe Third Country Agreement
Under the Canada–U.S. Safe Third Country Agreement (STCA), people must generally ask for refugee protection in the first safe country they arrive in. As a result, if you enter Canada from the United States along the land border, you are usually not eligible to make a claim in Canada and may be returned to the U.S. — unless you qualify for an exception.
As of March 25, 2023, the STCA was expanded to apply across the entire Canada–U.S. land border, including internal waterways — not just official ports of entry. (Verified June 2026.)
The Agreement sets out four general categories of exceptions:
- Family member exceptions — you have certain family members in Canada (such as a citizen, permanent resident, protected person, or a relative with a valid status or a claim before the IRB)
- Unaccompanied minors exception — you are under 18, unmarried, and have no parent or legal guardian in Canada or the U.S.
- Document holder exceptions — you hold certain valid Canadian documents, such as a visa, work permit, or study permit
- Public interest exceptions — for example, where you could face the death penalty
Even if you qualify for an exception, you must still meet all other eligibility requirements. Whether an exception applies is a fact-specific question, so it is worth getting tailored advice before you travel or claim.
06 How a Refugee Claim Works
While every case is different, most inland and port-of-entry claims follow the same general path:
Make Your Claim
Start an inland claim through the IRCC Portal, or make a claim at a port of entry. You provide your personal details, travel history, and the reasons you need protection.
Eligibility Decision
An IRCC or CBSA officer interviews you, collects biometrics and documents, and decides whether your claim is eligible to be referred to the Refugee Protection Division (RPD) of the IRB.
Referral to the RPD
If eligible, your claim is referred to the RPD — an independent tribunal that decides whether you are a Convention refugee or a person in need of protection.
Submit Your Basis of Claim (BOC)
The Basis of Claim form explains who you are and why you need protection. For portal claims it is generally submitted with your application; for some port-of-entry claims, it must be sent to the RPD within the deadline set out in the rules. Submit any supporting evidence as early as you can.
Attend Your RPD Hearing
A member of the RPD considers your BOC form, your testimony, and your evidence. They may ask questions about anything in — or not in — your form, then decide your claim.
Decision & Next Steps
If accepted, you become a protected person and can apply for permanent residence. If refused, you may have options such as an appeal to the Refugee Appeal Division or judicial review, depending on your case.
The deadline to send the BOC form (commonly 45 calendar days when the form is given to you at a port of entry) and the steps that follow are set by the RPD Rules and can change. Missing a deadline can lead to an abandonment hearing, so confirm your exact dates and obligations with the IRB before acting.
07 Working & Studying While You Wait
While you wait for the IRB to schedule your hearing and decide your claim, you may be able to support yourself and continue your education, subject to the current rules.
Work Permit
You may be eligible for an open work permit to support your basic needs. IRCC generally issues it only once your claim has been found eligible to be referred to the IRB and you have completed and passed your immigration medical exam. There is no fee while your claim is pending, and you can request it when you submit your claim.
Study Permit
You and family members who also claimed may be able to study. For post-secondary study you must apply for a study permit and have a letter of acceptance from a designated learning institution. Minor children can generally attend kindergarten to grade 12 without a study permit.
Work- and study-permit conditions and fees for claimants are set by IRCC and can change. Confirm the current requirements and any fees on the official IRCC page before you apply. (Verified June 2026.)
08 Frequently Asked Questions
What is the difference between a Convention refugee and a person in need of protection?+
A Convention refugee fears persecution based on race, religion, political opinion, nationality, or membership in a particular social group. A person in need of protection faces a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment. Both, if accepted, become protected persons in Canada.
Can I claim refugee protection if I came to Canada through the United States?+
Under the Canada–U.S. Safe Third Country Agreement, people entering from the U.S. along the land border are generally ineligible to claim in Canada and may be returned, unless they meet an exception — such as certain family in Canada, being an unaccompanied minor, holding specific valid Canadian documents, or a public-interest exception. Because this is fact-specific, get advice before you travel.
What is the Basis of Claim (BOC) form and why does it matter?+
The BOC form is where you explain who you are and why you need protection. The RPD relies on it heavily, and the member may question you about anything in it — or left out of it — at your hearing. It is usually the most important document in your claim, so it must be accurate, complete, and consistent with your other forms. Missing the submission deadline can lead to an abandonment hearing.
Can I work or study while I wait for a decision?+
In many cases, yes. You may be eligible for an open work permit once your claim is found eligible to be referred to the IRB and you have passed your immigration medical exam — with no fee while your claim is pending. For study, you generally apply for a study permit and need a letter of acceptance; minor children can usually attend school from kindergarten to grade 12 without one. Confirm current rules and fees with IRCC.
What happens if my claim is accepted or refused?+
If the RPD accepts your claim, you become a protected person and may apply for permanent residence. If your claim is refused, you may have options depending on your situation — such as an appeal to the Refugee Appeal Division or judicial review at the Federal Court. A licensed consultant can help you understand which options apply to you.
Is BroadGate able to give legal advice on my claim?+
This page is general information, not legal advice, and no outcome can be guaranteed. BroadGate's licensed/regulated Canadian immigration consultants (RCICs regulated by the CICC) can review your situation, help you prepare your claim and documents, and explain your options for your specific case.
Talk to a Licensed Expert
Seeking protection in Canada?
Our licensed team can help you understand your eligibility, prepare a strong Basis of Claim, and move through the process with clarity and confidence.
