Refugee protection in Canada allows individuals who fear returning to their home country to make a claim for protection through the Immigration and Refugee Board (IRB). Canada recognises two classes of persons who may receive protection: Convention refugees — those with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group — and persons in need of protection — those who face a risk to their life, risk of torture, or risk of cruel and unusual treatment or punishment that cannot be addressed through state protection in their home country.

Making a refugee claim does not guarantee protection. Each claim is individually adjudicated at a hearing before the Refugee Protection Division (RPD) of the IRB, and claimants must present evidence supporting their fear of persecution or risk. The process is procedurally complex, involves significant documentation and personal testimony, and has serious consequences for failure — refused claimants face removal from Canada. Representation by a qualified RCIC-IRB professional or lawyer is strongly recommended.

Eligibility Requirements

• Can be claimed at a port of entry or at an inland IRCC office
• Must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
• OR must demonstrate risk to life, torture risk, or cruel/unusual treatment
• Cannot make a claim if already recognized as a refugee in another country, or if from a Designated Country of Origin
• Safe Third Country Agreement applies at land border with USA
• Must attend Immigration and Refugee Board (IRB/RPD) hearing

Who Can Make a Refugee Claim in Canada

A refugee claim can be made at a Canadian port of entry (when arriving in Canada) or inland at an IRCC office (for those already in Canada). Canada’s refugee protection system is governed by the Immigration and Refugee Protection Act (IRPA) and the 1951 UN Refugee Convention.

A person cannot make a refugee claim in Canada if they:

• Are already recognised as a Convention refugee in Canada or another country
• Arrived from a Designated Safe Third Country (the United States under the Safe Third Country Agreement — with important exceptions for asylum seekers entering at irregular crossings or who have family in Canada)
• Have a previous refugee claim that was rejected, abandoned, or withdrawn in Canada
• Are a citizen of a Designated Country of Origin (DCO)
• Are inadmissible on grounds of security, serious criminality, or organised crime

The Safe Third Country Agreement with the United States was expanded in March 2023 to cover the entire land border, meaning most individuals who enter Canada from the US at a regular port of entry are ineligible to make a refugee claim. Exceptions include those with family members who are Canadian citizens, PRs, or have pending claims in Canada.

The Refugee Determination Process

The refugee claim process involves multiple stages:

1. Making the claim — At a port of entry or inland IRCC office. Biometrics are collected. IRCC determines initial eligibility — ineligible claims are returned; eligible claims are referred to the IRB.
2. Basis of Claim (BOC) form — Within 15 days of referral (inland) or 15 days of notification (port of entry), the claimant must submit a detailed written narrative explaining the grounds for their claim. This is one of the most critical documents — it forms the basis of the RPD hearing.
3. Disclosure and documentary preparation — Claimants must submit all supporting evidence (country condition documents, personal documents, police reports, medical evidence, affidavits) to the IRB before the hearing.
4. RPD hearing — A hearing before an RPD member (usually a single adjudicator). The claimant presents testimony and evidence. The Minister’s representative may also appear in some cases. Hearings typically last 2–4 hours; complex cases may require multiple sessions.
5. Decision — The RPD member issues a written decision. If the claim is accepted, the claimant is recognised as a Convention refugee or protected person.
6. Appeals — Refused claimants may appeal to the Refugee Appeal Division (RAD) within 15 days of a refusal. From RAD, applications for judicial review in Federal Court are possible.

Permanent Residence After Recognition

Recognition as a refugee by the RPD grants protected person status in Canada, not immediate permanent residence. Protected persons must separately apply for permanent residence through IRCC. The PR application fee is $635 per adult and $175 per child. The RPRF does not apply to protected persons.

Processing time for the PR application after refugee recognition is approximately 12 months additional. During this period, the protected person holds valid status in Canada and can work and study. Family members outside Canada who are dependants of the protected person can also be sponsored for PR once the principal applicant has received protected person status.

Total time from making a claim to receiving a PR card — factoring in the IRB hearing timeline (12–21 months), the PR application processing time (~12 months), and delivery of the PR card — is typically 3–4 years in uncomplicated cases, and longer for complex cases with appeals.

Government Fees

There is no fee to make a refugee claim in Canada. Biometrics are collected at no cost at the port of entry or inland IRCC office at the time the claim is made. The PR application after recognition costs $635 per adult and $175 per dependent child. The Right of Permanent Residence Fee ($575) does not apply to protected persons — this is an important distinction from other PR programs.

IRB proceedings are held without application fees. Legal representation and immigration consultant fees are separate and are the claimant’s own costs. Legal aid is available in some provinces for refugee claimants who meet income thresholds.

How VGIS Helps

Refugee proceedings before the Immigration and Refugee Board require precise documentation, credible personal testimony, and thorough country condition evidence. Dimple Verma, RCIC-IRB #R708308, is a Member of the College of Immigration and Citizenship Consultants with IRB designation — meaning she is authorised to represent clients before the IRB’s Refugee Protection Division and Refugee Appeal Division.

VGIS assists refugee claimants with Basis of Claim form preparation, document gathering and organisation, hearing preparation, and post-recognition PR applications. Book a paid consultation to discuss your specific circumstances.

Fees & Costs

Fee Component	Amount (CAD)
Government Fee	No fee to make a refugee claim in Canada. PR application after recognition: $635 per adult; $175 per child
Biometrics	Biometrics collected at no cost at port of entry or inland

Fees current as of 2026. IRCC may update fees periodically — confirm on the official source link below before paying.

Key Documents Required

• Basis of Claim (BOC) form detailing reasons for claim
• Identity documents (passport, national ID, birth certificate)
• Evidence of persecution (police reports, news articles, country condition documents)
• Photos, correspondence, or other supporting evidence of risk
• Medical evidence (if claiming persecution involved physical harm)
• Biometrics taken at time of claim

Frequently Asked Questions

How long does it take to get a refugee hearing in Canada?

Wait times for RPD hearings vary significantly by region and claim complexity. In major urban centres, wait times have ranged from 12 to 21 months. IRCC and the IRB have experienced significant backlogs in recent years. After the hearing, the decision is typically issued within a few days to several weeks for straightforward cases.

Can I work in Canada while my refugee claim is being processed?

Yes. Eligible refugee claimants receive a work permit as part of the claims process. This allows claimants to work legally for any employer in Canada while their claim is pending before the IRB. A study permit is also available on similar terms. Claimants should apply for their work permit promptly after the claim is referred to the IRB.

What happens if my refugee claim is refused?

A refused claimant typically has the right to appeal to the Refugee Appeal Division (RAD) within 15 days of the refusal notice. RAD reviews the RPD decision on the merits (not just legality). If RAD also refuses, judicial review in the Federal Court of Canada is possible, though the court only reviews legal errors — not findings of fact. After exhausting these avenues, removal from Canada may proceed unless alternative status is obtained.

Can I sponsor my family members abroad if my refugee claim is approved?

Yes. Protected persons can apply to sponsor their family members (spouse, children) who are outside Canada once their own PR application is in progress or approved. The process is called a One-Year Window (OYW) sponsorship, which allows protected persons to sponsor certain family members within one year of becoming a PR without having to prove income thresholds.

Can I make a refugee claim if I entered Canada from the United States?

It depends on how you entered. The Canada-US Safe Third Country Agreement, expanded in 2023 to the entire land border, bars most people who enter from the US at regular ports of entry from making refugee claims in Canada. Exceptions include: people with family members who are Canadian citizens, PRs, or have pending claims; unaccompanied minors; and certain other circumstances. People who entered Canada irregularly before March 2023 may have grandfathered claims. The STCA does not apply to inland IRCC offices.

Official Government Source: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada.html

📬 Get Immigration Updates

Express Entry draws, IRCC policy changes, and program news — delivered to your inbox.

Subscribe

---

Disclaimer: This page is for general informational purposes only and does not constitute legal or immigration advice. Immigration laws and IRCC policies change frequently. For advice specific to your case, please book a paid consultation with our licensed RCIC-IRB. VG Immigration Services Inc. — Dimple Verma, RCIC-IRB #R708308.