Refugee Protection Claims in Canada

Canada offers refugee protection to people who cannot safely return to their home country. A claim made in Canada is first checked for eligibility and, if it is eligible, decided by the Refugee Protection Division of the Immigration and Refugee Board (IRB). The eligibility rules changed in 2026, and timing now matters more than before. Law Wise, based in Mississauga, represents refugee claimants from the first forms to the hearing and any appeal.

Who qualifies for refugee protection

The Immigration and Refugee Protection Act protects two groups of people:

• Convention refugees. People who have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group, who are outside their country of nationality, and who cannot, or because of that fear will not, seek that country’s protection.
• Persons in need of protection. People in Canada whose removal would subject them personally to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment. The risk must exist in every part of the country, must not be one faced generally by other people there, and must not come from a lack of adequate health care.

Is the claim eligible? The rules changed in 2026

Before a claim reaches the IRB, an officer decides whether it is eligible to be referred. The claimant has to prove eligibility and must answer every question truthfully. Under section 101 of the Act, a claim is not eligible if, for example:

• the claimant entered Canada after 24 June 2020 and made the claim more than one year after entering. If there was more than one entry, the year runs from the first
• the claimant crossed the land border from the United States somewhere other than an official port of entry and claimed after the time limit in the regulations, which is 14 days
• the claimant came to Canada from the United States and is covered by the Safe Third Country Agreement, unless an exception applies, such as having certain family members in Canada
• an earlier claim in Canada was rejected, withdrawn, abandoned or found ineligible
• the claimant already made a refugee claim in another country with which Canada shares information, or has refugee status in another country and can return there
• the claimant is inadmissible on grounds of security, human or international rights violations, serious criminality or organized criminality

The first two rules were added by the Strengthening Canada’s Immigration System and Borders Act, which received Royal Assent on 26 March 2026. According to Immigration, Refugees and Citizenship Canada (IRCC), they apply to claims made on or after 3 June 2025. A temporary public policy signed on 19 May 2026 allows officers to exempt unaccompanied children under 18 from those two rules. A person who is under a removal order cannot make a claim at all.

A person whose claim is not eligible may still be able to apply for a pre-removal risk assessment before being removed.

The refugee claim process

1. Making the claimA claim is made to an officer at a port of entry on arrival, or from inside Canada.
2. EligibilityAn officer decides whether the claim can be referred to the Refugee Protection Division.
3. Basis of Claim formThe claimant sets out who they are and why they need protection. For a claim made at a port of entry, the form must reach the Refugee Protection Division within 15 days after the claim is referred. For a claim made inside Canada, the documents and information are due no later than the day eligibility is decided.
4. EvidenceIdentity documents, personal evidence of what happened and reports on conditions in the home country are gathered and translated.
5. HearingThe claimant testifies before a member of the Refugee Protection Division.
6. DecisionIf the claim is accepted, the claimant becomes a protected person and can apply for permanent residence from inside Canada.

If the claim is refused

• Appeal to the Refugee Appeal Division. Most refused claimants can appeal. The notice of appeal is due 15 days after the written reasons are received. There is no appeal where the decision says the claim had no credible basis or was manifestly unfounded, where the claim was withdrawn or abandoned, or in certain Safe Third Country cases.
• Federal Court. Where there is no appeal, or the appeal fails, the claimant can ask the Federal Court for leave and judicial review. The time limit is 15 days.
• Pre-removal risk assessment. A person facing removal can apply only when the Canada Border Services Agency says they are eligible, and generally not until 12 months after the last negative decision.
• Humanitarian and compassionate application. This is a different kind of application, with its own 12-month bar and exceptions.

See immigration and refugee appeals and humanitarian and compassionate applications.

How Law Wise helps refugee claimants

• checking eligibility and timing before a claim is made
• preparing the Basis of Claim form and narrative with you
• gathering identity documents, personal evidence and country reports
• preparing you for the hearing and representing you at the Refugee Protection Division
• appeals to the Refugee Appeal Division and applications to the Federal Court
• pre-removal risk assessments and humanitarian and compassionate applications

You are not required to use a representative, and no representative can promise a result. Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about refugee claims

This page is general legal information, current as of 10 October 2026. Immigration programs and instructions change often, so confirm the current rules on the Immigration, Refugees and Citizenship Canada (IRCC) website. This page is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.