Canada has a long tradition of providing protection to people fleeing persecution. If you are in Canada or arriving at a Canadian port of entry and fear returning to your home country, you may be eligible to make a refugee claim. This guide walks you through the process — from eligibility to the Refugee Protection Division (RPD) hearing and beyond.
Who Is Eligible to Make a Refugee Claim?
You can make a refugee claim in Canada if you are a Convention refugee — meaning you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group — or if you are a person in need of protection — meaning you face a risk of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment if returned to your home country.
However, certain individuals are ineligible to make a claim, including those who have previously been refused refugee status in Canada, who have been granted refugee protection in another country to which they can return, or who arrived from the United States under the Safe Third Country Agreement (with certain exceptions).
The Safe Third Country Agreement
Under the Safe Third Country Agreement (STCA) between Canada and the United States, refugee claimants who arrive at an official land border crossing from the US are generally ineligible to make a claim in Canada. However, there are exceptions for individuals with family members in Canada, unaccompanied minors, and certain other categories. The STCA has been the subject of significant litigation and policy changes, so its application can be complex.
The Basis of Claim (BOC) Form
After your claim is referred to the IRB, you must complete and submit a Basis of Claim (BOC) form within 15 days. This form is the foundation of your refugee case — it sets out the facts of your claim, the countries involved, and the basis for your fear of persecution. The BOC form must be thorough, accurate, and consistent with any testimony you will give at the hearing. Inconsistencies between the BOC and your oral testimony can seriously damage your credibility.
Preparing for the RPD Hearing
The RPD hearing is a quasi-judicial proceeding where an IRB member assesses the merits of your claim. Preparation is critical and includes compiling country condition evidence (National Documentation Packages, human rights reports, news articles), preparing a personal narrative that is clear, chronological, and addresses each element of the claim, reviewing the BOC form and ensuring you can testify consistently with its contents, and identifying and preparing any witnesses.
At the hearing, the IRB member will question you about your claim. If the Minister intervenes, a government counsel may also question you. Your lawyer can make legal arguments and present evidence on your behalf.
Country Condition Evidence
Country condition evidence is essential for establishing that the persecution you fear is real and ongoing. The IRB maintains National Documentation Packages for many countries, and you can supplement these with current reports from organizations such as the United Nations, Amnesty International, Human Rights Watch, and credible news sources. The evidence must be specific to your particular circumstances — generalized country conditions may not be sufficient.
After the Hearing
If your claim is accepted, you can apply for permanent residence as a protected person. If your claim is refused, you may have the right to appeal to the Refugee Appeal Division (RAD) or seek judicial review at the Federal Court. Acting quickly after a negative decision is essential due to the tight deadlines involved.
If you need to make a refugee claim or are preparing for an RPD hearing, contact BridgePoint Law for experienced legal representation.
