Refugee claims in Canada
Are you afraid to return to your home country? You may be able to get refugee protection in Canada.
There are rules about who can make a refugee claim and who can be accepted as a refugee. For example, if you:
- entered Canada on a date after June 24, 2020, you must make your refugee claim before one year passes
- get a removal order, you cannot make a refugee claim in Canada
And if you wait too long to make a refugee claim, it might seem like you’re not really afraid.
You should get legal advice as soon as possible.
How do I make a refugee claim from inside Canada?
You make a refugee claim online in the Immigration, Refugees, and Citizenship Canada (IRCC) portal. You answer questions about yourself and your refugee claim and upload your Basis of Claim form (BOC).
Your BOC is a very important document. In it, you explain what happened to you and what you fear in your home country. You must give correct and complete information.
Note: There’s a different process to make a refugee claim at a port-of-entry. And different rules if you’re coming from the United States.
What happens next?
You get a date for an interview with an immigration officer. The officer decides if you’re eligible to make a refugee claim.
If you’re eligible, you will usually have a refugee hearing to decide if you’re a refugee.
If you’re not eligible, your refugee claim ends and you can never make another one in Canada. You’re usually ordered to leave Canada. But you may be able to apply for a Pre-Removal Risk Assessment (PRRA) where you ask to stay because you’re afraid to return to your country. Get legal help right away.
What happens at my refugee hearing?
You will be asked questions about your refugee claim. Your answers will be compared to what you said in your BOC and the other evidence in your claim.
Can I have help with my refugee claim?
Yes. It’s important that you get advice from a lawyer who knows Canadian refugee law. Legal Aid Ontario (LAO) may pay for a lawyer if you cannot afford one.
Or, you may also be able to get help from a paralegal licensed by the Law Society of Ontario. Or from a Registered Canadian Immigration Consultant licensed by the College of Immigration and Citizenship Consultants.
What if my refugee claim is accepted?
You can stay in Canada and apply to become a permanent resident. You can also apply for permanent residence for your married or common-law partner, dependent children, and their dependent children.
You can lose your refugee protection and permanent resident status if you travel to your home country even for a short time, apply for a passport from there, travel using a passport from there, relocate there, buy a home, or start a business there. This can also happen if you get citizenship in a country other than Canada.
What if my refugee claim is rejected?
You could be forced to leave Canada. Get legal advice right away about your options. You may be able to challenge the decision.
For example, some people can appeal to the Refugee Appeal Division. An appeal must be filed within 15 days of getting the written decision.
Some people may be able to ask the Federal Court to review the decision. That’s called judicial review. This must be filed within 15 days of being notified of the decision.
There may be other ways to stay in Canada legally. This is only general information.
How to get help
211 Ontario is an information and referral hotline that gives help in many languages. They take calls 24 hours a day, 7 days a week.
They can tell you:
- where to get legal help, and
- how to contact a settlement agency or community agency for other kinds of help.
To contact 211 Ontario:
Phone: 211
TTY: 1-888-340-1001
Website: 211Ontario.ca
You can contact a local library or a community legal clinic. You can call LAO at 1-800-668-8258 to ask for a lawyer if you have a low income, or to get information on your local legal clinic.