Refugee Claim Process in Canada: A Step-by-Step Guide

A claim for protection made inside Canada is decided by the Immigration and Refugee Board, an independent tribunal, not by IRCC. Understanding that split explains most of how the process runs.

It also matters that the law changed this year. Bill C-12, the Strengthening Canada's Immigration System and Borders Act, received Royal Assent on 26 March 2026, and it introduced time limits that did not previously exist.

The new time limits

Under the new rules a claim is ineligible if it is made more than one year after the person first entered Canada, where that entry was after 24 June 2020, and this applies whether or not the person left and came back. A claim is also ineligible if made more than 14 days after entering between ports of entry along the Canada and United States land border.

Two things soften that. Unaccompanied minors are exempt from both timeframes. And people affected still have access to a pre-removal risk assessment, so they are not shut out of protection altogether.

Who decides what

An officer decides eligibility first: a Canada Border Services Agency officer at a port of entry, or an IRCC officer for a claim made inland. If the claim is eligible it is referred to the Refugee Protection Division of the Immigration and Refugee Board, which decides whether the person is a Convention refugee or a person in need of protection.

A claim can be found ineligible for reasons including already being recognised as a refugee by a country the person can return to, already being a protected person in Canada, being subject to a removal order, having claimed in another country, inadmissibility on security or criminality grounds, or a previous Canadian claim that was rejected, abandoned or withdrawn. The Safe Third Country Agreement applies to official land crossings from the United States unless an exception applies.

The Basis of Claim form, and its deadlines

The Basis of Claim form is the document the hearing works from. A claimant at a port of entry has 45 calendar days to get it to the Refugee Protection Division. An inland claimant has 90 days to provide answers and documents through the IRCC portal, or the process restarts.

It must be completed in English or French, and supporting documents need professional human translation. Software translation is not accepted. Missing the deadline triggers an abandonment hearing, and without acceptable reasons the Division will not hear the claim.

What a hearing is like

A Board member decides the claim. An interpreter is provided at no cost where one is needed. Counsel may attend. A representative of the Minister may take part and argue against the claim, having given notice of an intention to intervene. A designated representative is appointed for claimants under 18 or who cannot understand the proceedings. A friend or family member may attend as an observer to listen.

The member introduces everyone and explains the procedure, the claimant promises to tell the truth and confirms the Basis of Claim is accurate, documents are accepted as evidence, and the member asks questions. Counsel may then ask questions, the Minister's representative may question, witnesses testify, and final arguments follow. A decision may be given orally at the hearing or in writing later. Hearings are recorded, and virtual hearings are the default format.

After the decision

A claim that succeeds brings protected person status and, where no appeal is filed within 15 days, a route to permanent residence. A claim that is rejected comes with a Notice of Decision stating whether there is a right of appeal to the Refugee Appeal Division or whether the route is judicial review at the Federal Court. Either way the window is 15 days.

The Appeal Division reviews Refugee Protection Division decisions, usually on the documents and the record rather than at a hearing. It can allow the appeal, reject it, or send the matter back for a new hearing with directions. Some claims cannot go to it at all, including those the Division found to have no credible basis or to be manifestly unfounded, claims that were withdrawn or abandoned, and claims made at a United States land border under a Safe Third Country exception.

Who may represent a claimant

The Board is specific. Paid counsel must belong to a provincial law society, the Chambre des notaires du Quebec, or the College of Immigration and Citizenship Consultants. Since 1 July 2023 a CICC member needs a specific licence class to represent clients before the Board, and that applies even when acting without a fee. An unpaid friend or relative may act as counsel but cannot be paid or receive a gift, and cannot also be a witness. Nobody is obliged to be represented at all.

Shirani Jenita Daniel holds the RCIC-IRB licence class, which is the authorisation to appear before the Board. Our protection claims page and the Refugee Appeal Division page set out each stage.

While a claim is pending, an open work permit may be available once the claim has been found eligible and the medical exam passed. Study permits may be available, and minor children do not need one for school.