Reviewed by Dr. Ningjing (Natalie) Zhang, Principal Lawyer at BridgePoint Law and a refugee-turned-lawyer who has lived the system from both sides. Last reviewed: 2026-04-30.
Quick answer
If you are in Canada and fear persecution in your home country, you can make a refugee claim either at a port of entry on arrival or at any IRCC inland office. The Refugee Protection Division (RPD) of the Immigration and Refugee Board hears most claims. Eastern Ontario claimants are typically heard at the Toronto RPD, with hearings now 9–14 months from claim filing in 2026. Legal Aid Ontario certificates are available for eligible claimants and BridgePoint Law accepts them.
Are you a “refugee” under Canadian law?
Two grounds qualify you under section 96 and 97 of the Immigration and Refugee Protection Act:
- Convention refugee (s. 96): a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group (which includes gender-based, sexual-orientation, and family-based persecution).
- Person in need of protection (s. 97): a real risk of torture, a risk to life, or a risk of cruel and unusual treatment that the state of origin cannot or will not protect you against.
You do not need a visa to make a claim. You do not need to have been physically harmed. Future risk is enough — the question is whether the harm is reasonably foreseeable if you return.
Step-by-step process
- Make the claim. Three options: (a) at a port of entry on arrival (CBSA officer takes the claim); (b) at any IRCC inland office; or (c) online via the IRCC Portal if you are already in Canada.
- Eligibility interview (within ~3 days). A CBSA or IRCC officer determines whether your claim is “eligible to be referred” to the RPD. Most are. Common ineligibility grounds: prior refugee determination in another safe country, criminality, security concerns.
- Receive your Basis of Claim (BOC) form. You must file the BOC within 15 days of being referred. The BOC is the heart of your claim — your written narrative of why you fear return.
- Apply for Legal Aid Ontario refugee certificate. If income-eligible, LAO covers the BOC drafting, hearing preparation, and the hearing itself. BridgePoint Law accepts LAO certificates.
- Apply for Interim Federal Health Program (IFHP) coverage. Provides healthcare while your claim is pending. Apply online at canada.ca.
- Apply for a work permit. Once your claim is referred to the RPD, you can apply for an open work permit. Most claimants are eligible to work while their claim is pending.
- Hearing preparation. Your lawyer prepares country-condition evidence, expert affidavits, corroborating documents, and witness testimony. The BridgePoint approach is trauma-informed: we structure preparation around what you can actually retell without re-traumatization.
- The RPD hearing. A single Member hears your claim. The Minister may or may not intervene. Hearing duration is typically 4–6 hours, sometimes split across two days. Held at the Toronto RPD (74 Victoria St) or by video conference for Eastern Ontario claimants.
- Decision. Often delivered orally at the end of the hearing, or written within 4–8 weeks. If positive, you become a “Protected Person” and can apply for permanent residence within 180 days.
- If refused — Refugee Appeal Division (RAD). You have 15 days to file a Notice of Appeal and 30 days to file the perfected appeal. The RAD reviews on a paper record (no oral hearing in most cases).
- Federal Court judicial review. If the RAD also refuses, you can apply for leave and judicial review at the Federal Court (15 days to file). BridgePoint Law represents clients at all four levels: RPD, RAD, Federal Court, and Pre-Removal Risk Assessment (PRRA).
Common pitfalls — what we see go wrong
- Late or thin BOC narrative. The BOC is filed within 15 days. Claimants who write it themselves often produce a 2-page narrative that is too sparse for the Member to understand the persecution arc. Get help drafting; this is the single highest-leverage document in your file.
- Inconsistencies between your BOC, port-of-entry interview, and hearing testimony. The Member compares all three. Even a small inconsistency (a date, the order of events) can be characterized as a credibility problem. Review your CBSA interview notes carefully when preparing your BOC.
- Missing internal flight alternative (IFA) analysis. The Member will ask: “Why can’t you safely live in another part of your country?” If your file does not pre-empt this with country-condition evidence about how the persecutor operates nationally, the IFA finding will sink an otherwise strong claim.
- Unaddressed “delay” issue. If you spent significant time outside your home country before claiming in Canada (especially in a third safe country), or claimed only after another status was refused, the Member will treat the delay as evidence you do not actually fear return. Address this proactively.
- Forgetting children’s separate claims. Each family member 18+ has their own claim. Children under 18 are claimed as dependents but their interests are assessed separately under the Best Interests of the Child analysis. Lawyers occasionally miss preparing supporting evidence for the children specifically.
Where Eastern Ontario claimants go for hearings
The RPD does not have a permanent Eastern Ontario office. Claimants based in Kingston, Ottawa, Belleville, Brockville, Cornwall, and surrounding communities are scheduled at the Toronto RPD (74 Victoria St., Toronto) — frequently by video conference from a participating site. BridgePoint Law has appeared at video-conference hearings from our Kingston office and at in-person hearings in Toronto.
Frequently asked questions
How much does it cost to make a refugee claim?
Filing the claim itself is free. There are no government fees for the RPD, RAD, or work-permit application as a refugee claimant. Legal fees vary: Legal Aid Ontario covers the entire process for eligible claimants (income test, no asset test for refugees). Private legal fees for a non-LAO refugee file typically run $5,000–$12,000 depending on complexity, expert evidence required, and whether appeal/JR services are needed.
Can I work while my claim is pending?
Yes. Once your claim is referred to the RPD, you can apply for an open work permit. Processing is currently 30–90 days. You may also be eligible for Ontario Works while waiting.
Can my children attend school?
Yes. Children of refugee claimants have the right to attend Ontario public schools. Your refugee claim documentation (acknowledgment of claim or work permit) and proof of address are usually sufficient for enrolment.
What if I have already been in Canada for a long time before claiming?
You can still claim. The Member may ask why you delayed. Common acceptable reasons: you only recently learned the persecution would resume; circumstances in your home country changed; you were misled by previous counsel. Talk to a lawyer about how to address delay before filing.
Can I make a refugee claim if I came from the United States?
The Safe Third Country Agreement (STCA) generally requires you to claim in the first safe country you arrive in (the U.S. for most land-border arrivals). There are exceptions: family member exception, unaccompanied minor exception, certain document exception, public-interest exception. The STCA was extended in 2023 to cover the entire land border, not just official ports of entry. Speak to a lawyer immediately if you arrive from the U.S.
What is a Pre-Removal Risk Assessment (PRRA)?
If your refugee claim is refused and one year has passed since the refusal, you may be eligible for a PRRA — a paper-based reassessment of risk based on new evidence. PRRA grant rates are low (around 3–5%), but it is sometimes the right tool when significant new country-condition evidence has emerged.
How long do I have to wait before applying for permanent residence?
Once you receive a positive RPD or RAD decision, you become a “Protected Person” and have 180 days to apply for permanent residence. The PR application itself is then processed in 30–36 months. You are entitled to live and work in Canada throughout that wait.
Available in your language — at BridgePoint Law
Refugee work is the heart of our practice. We represent claimants at the RPD, RAD, Federal Court, and PRRA stages in English, Mandarin, and Cantonese. We accept Legal Aid Ontario certificates. Our team includes a China-qualified lawyer assisting on Chinese-language intake and document review.
Dr. Zhang understands what it takes to rebuild a life in Canada — she did it with her two children before law school. The firm’s approach is trauma-informed, methodical, and unflinching on credibility preparation.
Book a 30-minute consultation at /contact-us/ or call (613) 417-1850.
This article provides general information only and is not legal advice. Refugee processing rules change frequently; always confirm current procedures with a licensed lawyer before relying on this content.