Refugee claim in Canada

If you are in Canada and cannot safely return to your country, you can claim refugee protection. Your claim is decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). This page explains who can be protected, how the process works, and what I do at each step.

Who can be protected

Canadian law protects two groups of people. A Convention refugee is someone who fears persecution because of race, religion, nationality, political opinion, or membership in a particular social group — this last category can include, for example, gender, sexual orientation, or family. A person in need of protection is someone who faces a danger of torture, a risk to their life, or a risk of cruel and unusual treatment if they return.

You do not need to fit both definitions. One is enough.

How you make the claim

You can claim at a port of entry — an airport or a land border — or from inside Canada, through the online portal or at an office. An officer first decides if your claim is eligible to be referred to the RPD. Most claims are eligible, but some are not — for example, if you already claimed in Canada before, or if rules about arriving from the United States apply to you.

The heart of your file is the Basis of Claim form (BOC). This is your story: who you are, what happened, why you cannot go back. If you claimed at the border, you must complete your claim, including the BOC, within 45 days (to be verified — IRCC instructions). Everything you write in it matters at the hearing. Changing your story later is possible, but it must be explained.

The hearing

The RPD hearing is usually a half-day, often by videoconference. A member of the tribunal asks you questions about your story and your documents. The main issues are almost always credibility — does the member believe you — and protection — could you live safely somewhere else in your country, or could your own state protect you. You can testify in the language of your choice, with an interpreter provided by the tribunal.

While you wait

After your claim is referred, you can apply for a work permit and you have access to temporary federal health coverage. You must keep your address up to date with the IRB and with Immigration, Refugees and Citizenship Canada (IRCC): decisions and hearing notices are sent to the address on file, and deadlines run from when they are sent or received.

If the answer is no

A refusal by the RPD is not necessarily the end. Most people can appeal to the Refugee Appeal Division (RAD), with a deadline of 15 days (to be verified — RAD Rules) to file the notice of appeal. Those without access to the RAD can ask the Federal Court to review the decision, within 15 days (to be verified — IRPA s. 72(2)). Each path has its own rules — see the pages on the RAD appeal and the Federal Court.

What I do

I prepare the file before the hearing, not after the refusal. That means working through your BOC with you line by line, gathering the evidence that supports it — country documents, medical reports, records — and preparing you for the questions the tribunal will ask. At the hearing, I question you, respond to the member's concerns, and make the legal arguments. I am a lawyer, a member of the Barreau du Québec, and an authorized representative under section 91 of the Immigration and Refugee Protection Act (IRPA). I represent claimants anywhere in Canada, in French, English or Spanish.

If you have a hearing date, or you are about to claim, let's talk about it.