Asylum and Refugee Claims in Canada
A refugee claim in Canada allows individuals who fear persecution or serious harm in their home country to seek protection. Claims are assessed by the Immigration and Refugee Board of Canada (IRB), based on statutory criteria, credibility, and supporting evidence.
Every claim is unique, and navigating the process can be complex. Outcomes depend on individual circumstances, the evidence provided, and applicable Canadian immigration and refugee law. We guide clients through each stage of the refugee claim process, offering experienced legal advice and support to help them present their case clearly and in accordance with IRB procedures.
What Is an Asylum or Refugee Claim in Canada?
An asylum or refugee claim may be made by individuals who fear returning to their country of origin due to a risk of persecution or other serious harm. In Canada, refugee claims are assessed by the Immigration and Refugee Board of Canada according to statutory definitions, credibility findings, and the evidence provided.
Individuals seeking refugee protection in Canada must meet specific legal criteria under Canadian immigration law. Eligibility depends on the specific facts of each case, including personal circumstances and relevant country conditions. Outcomes vary, and no two claims are assessed in the same way.
Official resources:
- Learn about the refugee claim process in Canada and the role of the Refugee Protection Division. Visit the IRB page on refugee claims
- Learn about the refugee claims process and what to expect as a claimant in Canada. Visit the IRCC page on information for Refugee Claimants
What Is a Refugee Claim in Canada?
A refugee claim is a request for protection from individuals who fear persecution, torture, or serious harm if returned to their home country. Refugee claims are assessed on the basis of:
- Written submissions and supporting evidence
- Credibility of the claimant
- Applicable Canadian immigration and refugee law
Making a refugee claim allows the IRB to determine whether a person qualifies for protection in Canada. Legal guidance can help ensure the claim is organized, complete, and compliant with IRB procedures.
Who Can Make a Refugee Claim?
Refugee protection may be considered for individuals who meet the criteria for:
Convention Refugees
- Those who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Those who are unable or unwilling to return to their home country
Persons in Need of Protection
- Those who face a risk to life, risk of torture, or risk of cruel and unusual treatment if returned
Eligibility is assessed on a case-by-case basis. Legal guidance may help clarify whether your circumstances meet the criteria.
How to Submit a Refugee Claim in Canada
Refugee claims may be submitted:
- At a Canadian port of entry upon arrival
- From within Canada if already in the country
The refugee claim process generally involves:
- Completing required forms and submitting them on time
- Preparing a Basis of Claim (BOC) narrative
- Collecting identity and supporting documents
- Providing evidence of country conditions
- Attending a hearing before the IRB’s Refugee Protection Division
Legal guidance may assist in organizing and presenting your claim according to IRB procedures and deadlines.
Documents Commonly Needed for Refugee Claims
Supporting documentation is essential to demonstrate the merits of your claim. Common documents include:
- Identity documents: passports, birth certificates, national ID cards
- Travel and immigration records: visas, entry stamps, prior removal documents
- Personal statements: Basis of Claim form or narrative describing risks of harm
- Country condition reports: articles, NGO or UN reports, expert evidence
- Supporting evidence: police reports, medical or psychological assessments, affidavits, letters from witnesses
Even if some documents are unavailable, all relevant evidence may be considered. Legal guidance can help ensure documents are organized and presented clearly.
How Legal Guidance May Assist Your Claim
Preparing a refugee claim requires accuracy, organization, and compliance with IRB procedures. Legal guidance may assist in:
- Reviewing your circumstances and explaining relevant legal considerations
- Helping prepare written statements and supporting evidence
- Explaining IRB processes, timelines, and hearings
- Providing guidance to ensure submissions are consistent, complete, and organized
- Supporting clients throughout the refugee claim process
Our role is to help clients understand the process, protect their rights, and make informed decisions, while adhering to Canadian immigration and refugee law.
Schedule a Consultation
If you are considering a refugee claim or have questions about asylum in Canada, a consultation can help clarify your options.
During a consultation at our office, our lawyer will review your circumstances, explain legal considerations, and discuss potential next steps.
Frequently Asked Questions
How long does it take to get a refugee claim decision in Canada?
Processing times vary depending on the type of claim, IRB workload, and procedural steps. Some stages may take several months or longer. Legal guidance may help explain current timelines and factors that may affect processing.
Do I need a lawyer to make a refugee claim?
There is no legal requirement to have a lawyer in order to make a refugee claim in Canada. However, legal guidance may assist with preparing written submissions, organizing supporting evidence, and understanding applicable procedures and requirements.
What happens if my refugee claim is refused?
If a refugee claim is refused, some individuals may have access to an appeal or judicial review, depending on the reasons for refusal and the applicable legal framework. Legal guidance may help identify whether any further options are available.
What documents are commonly needed for an asylum claim in Canada?
Documents commonly submitted in support of a refugee claim may include identity documents, travel and immigration records, personal statements such as the Basis of Claim form, country condition evidence, and supporting materials such as affidavits or medical records, where available.
How do I start making an asylum claim in Canada?
A refugee claim may be made either at a Canadian port of entry or from inside Canada, depending on individual circumstances. Legal guidance may assist in ensuring that required forms and supporting information are prepared and submitted in accordance with applicable procedures.