Making a refugee claim in Canada is one of the most consequential legal steps a person can take. A successful claim grants protected-person status, which leads to permanent residence, while a failed claim can result in removal from Canada. The process is governed by the Immigration and Refugee Protection Act (IRPA), administered by the Immigration and Refugee Board (IRB), and shaped by decades of Federal Court jurisprudence. This guide explains the 2026 refugee claim process from start to finish: who is eligible, how to file, how to prepare for the Refugee Protection Division (RPD) hearing, and what happens after the decision.
Who can make a refugee claim in Canada?
Any person physically present in Canada, or at a Canadian port of entry, may make a refugee claim unless they are subject to one of the statutory bars in section 101 of the IRPA. The most common bars include having a prior rejected refugee claim in Canada, having refugee protection in another country, arriving from a Safe Third Country (which, following the 2023 changes, now applies at the entire land border with the United States and not only at designated ports of entry), and being found inadmissible on grounds of serious criminality, organized crime, or security.
A claimant must establish that they are either a Convention refugee, meaning they face persecution based on race, religion, nationality, political opinion, or membership in a particular social group, or a person in need of protection, meaning they face a personal risk to life, a risk of cruel and unusual treatment or punishment, or a danger of torture upon return to their home country.
Filing the claim: the Basis of Claim form
The claim process begins when the claimant declares their intention to seek refugee protection to an immigration officer, either at a port of entry or at an inland IRCC office. The officer conducts an eligibility interview and, if the claim is eligible, refers it to the RPD. The claimant then receives a Basis of Claim (BOC) form, which must be completed and submitted within 15 days of the referral.
The BOC form is the single most important document in the refugee process. It requires the claimant to set out, in their own words, the facts underlying their claim: who persecuted them, what happened, when and where it happened, why they were targeted, and what they fear will happen if they return. The narrative must be detailed, consistent, and credible. Omissions, inconsistencies, or vague statements in the BOC can be used against the claimant at the hearing. Legal counsel should be retained before the BOC is completed, not after.
Preparing for the RPD hearing
After the BOC is filed, the RPD schedules a hearing, typically within several months, though timelines vary by region and claim type. The claimant must disclose all documents they intend to rely on, usually at least 10 days before the hearing. Common evidence includes identity documents, police reports, medical records, photographs, country-condition evidence from reputable sources, and sworn statements from witnesses.
The RPD hearing is an inquisitorial proceeding: the RPD member asks most of the questions, not the claimant’s counsel. The member will test the claimant’s credibility by comparing their testimony to the BOC narrative, probing for detail, and asking about apparent inconsistencies. Counsel’s role is to prepare the claimant for this questioning, present corroborating evidence, make legal submissions on the applicable law and country conditions, and address any adverse credibility concerns that arise during testimony.
Country-condition evidence is critical. The RPD relies on National Documentation Packages (NDPs) compiled by the IRB Research Directorate, which include reports from the UNHCR, Human Rights Watch, Amnesty International, the U.S. State Department, and other sources. Counsel should review the relevant NDP carefully and supplement it with additional evidence where the NDP is incomplete or outdated.
The RPD decision
The RPD may accept or reject the claim, or find it abandoned or withdrawn. An accepted claim grants the claimant protected-person status, allowing them to apply for permanent residence. A rejected claim triggers a removal process and starts the clock on appeal and review deadlines. The RPD may deliver its decision orally at the end of the hearing (short decisions) or reserve its decision and issue written reasons later.
Designated countries of origin
Canada previously maintained a Designated Country of Origin (DCO) list of countries considered generally safe. Claimants from DCO countries faced shorter timelines and limited appeal rights. The DCO regime was effectively suspended, and as of 2026 no countries are designated, but the legislative framework remains in the IRPA and could be reactivated. Claimants should be aware of this possibility.
Work permits for refugee claimants
Refugee claimants may apply for an open work permit after their claim has been referred to the RPD. Processing times vary, and the claimant must not work until the work permit is issued. The work permit is typically valid until the claim is decided and any subsequent pre-removal risk assessment is completed.
Frequently asked questions
How long does the refugee claim process take?
Timelines vary significantly depending on the region, the complexity of the claim, and IRB capacity. Some claims are heard within a few months of filing; others may take over a year. The RPD publishes processing-time estimates on its website, but these are averages and not guarantees.
Can I choose where my hearing takes place?
Generally, the hearing is scheduled at the RPD regional office closest to where you live. If you move to a different city, you may request a transfer, but this can cause delays. Virtual hearings by videoconference have become more common since 2020 and may be offered depending on the circumstances.
What happens if my refugee claim is rejected?
If your claim is rejected, you have 15 days to file an appeal to the Refugee Appeal Division (RAD), or in some cases to apply for leave and judicial review at the Federal Court. You may also become eligible for a Pre-Removal Risk Assessment (PRRA) before removal. Acting quickly after a rejection is critical because the deadlines are strict and cannot be extended.
Do I need a lawyer for a refugee claim?
While there is no legal requirement to have counsel, refugee claims are complex proceedings with serious consequences, and claimants represented by experienced counsel have significantly better outcomes. Legal aid may be available depending on the province. Counsel should be retained before the Basis of Claim form is completed.
Can I include my family in my refugee claim?
Family members who are physically present in Canada and face similar risks may be included in the same claim. Family members abroad cannot be included in the claim itself, but once you receive protected-person status and become a permanent resident, you may sponsor eligible family members to join you in Canada.
What is the Safe Third Country Agreement and how does it affect my claim?
The Safe Third Country Agreement between Canada and the United States generally bars refugee claims by persons who arrive from the U.S. Since March 2023, the bar applies at the entire Canada-U.S. land border, not only at designated ports of entry, with limited exceptions for claimants who have family members in Canada, unaccompanied minors, and certain other categories defined in the regulations.
This guide provides general information only and is not legal advice. For advice on your specific refugee claim, please contact BridgePoint Law Professional Corporation.