Refugee claim in Canada

Making a refugee claim

Canada offers protection to people who have a well-founded fear of persecution in their country of origin, or who cannot safely return there.

Subject to the conditions set out in law, a person may make a refugee claim in order to be recognized as a Convention refugee or as a person in need of protection.

A refugee claim may be based, among other things, on a fear of persecution linked to one of the following grounds:

Race or nationality

For example, you fear persecution because you belong to an ethnic, national or linguistic minority.

Religion

For example, you fear persecution because of your religious beliefs, because you belong to a religious minority, or because you converted to another religion.

Membership in a particular social group

For example, you have suffered or fear violence because of your sexual orientation, your gender identity or expression, your sex, your family situation, or your membership in a particular social group.

Political opinion

For example, you are a journalist, a blogger, a human rights defender, an opponent of the government or a political activist, or you are perceived as holding certain political opinions.

A person may also seek Canada's protection if they would personally face, in their country, a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.

Those risks may arise from violence committed, ordered or tolerated by the authorities, from threats by criminal groups or by other individuals, or from reprisals connected to a denunciation, to political activity, or to certain personal characteristics.

A demanding legal process

Making a refugee claim is a complex process that calls for rigorous preparation and close attention to the facts, the dates, the documents and the way the file as a whole is presented.

The Immigration and Refugee Board of Canada examines every claim against precise legal criteria. A difficult or deeply human situation is therefore not enough, on its own, to guarantee that a claim will be accepted. The facts must be set out clearly, precisely and in detail, and supported by relevant evidence where such evidence is available.

We can work with you

A lawyer practising in immigration and refugee law can guide you at every stage of your claim, in particular to:

• assess your situation and the legal basis of your claim
• prepare or review your narrative
• identify and gather the relevant evidence
• complete and check the required forms
• prepare you for your hearing before the Board
• advise you on questions of credibility, state protection and internal flight alternative

Representation at the hearing

Our team offers professional, humane support adapted to each situation, to help you present your claim seriously and assert your rights in full.