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Refugee & asylum rights

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Making a refugee claim

IRPA s. 100; Refugee Protection Division Rules, r. 7–8

A claim made at a port of entry must file the BOC within 15 days

The deadline that matters

15
days to file your BOC form
For a claim made at a port of entry, the Basis of Claim (BOC) form generally must be provided to the Refugee Protection Division within 15 days of referral. For an inland claim, the BOC is normally submitted with the claim. Missing the deadline can lead to the claim being declared abandoned.

What matters first

  1. 1
    What the BOC asks
    The BOC sets out who you are and why you fear return, in your own words. It is the heart of the claim.
  2. 2
    The 15-day clock
    For port-of-entry claims the deadline runs from referral. The Refugee Protection Division Rules set out how to ask for more time.
  3. 3
    Interpretation and counsel
    A claim can be made with the help of an interpreter, and a person may be represented by counsel.

The law that protects you

IRPA s. 100; Refugee Protection Division Rules, r. 7–8

"A claimant must provide… a completed Basis of Claim Form… no later than 15 days after the day on which the claim was referred…"

IRPA s. 100RPD Rule 7RPD Rule 8
Read the full guide →

Legal information, not legal advice. Deadlines and sections shown are general and depend on your situation; confirm against the current IRPA / IRPR / IRB rules or a licensed immigration professional.

🛡️ You have rights, even now

Protections that apply at every stage

At the border
You can ask for protection
IRPA s. 99

A claim for refugee protection can be made at a port of entry or inside Canada. Telling an officer you fear return is what opens it.

In detention
Your detention is reviewed
IRPA s. 57

Immigration detention must be reviewed — first within 48 hours, then 7 days, then every 30 days — with a right to be represented.

At your hearing
You have the right to be heard
Charter s. 7

The principles of fundamental justice generally entitle a claimant to an oral hearing, with counsel and an interpreter.

Needing care
You can get healthcare
IFHP

The Interim Federal Health Program covers basic and some supplemental health care for refugee claimants while a claim is in progress.

Browse by topic

Refugee claim processImmigration detentionRemoval ordersIFHP healthcareRefugee work permitsFamily reunificationHousing for refugeesSafe Third Country

Tools

Claim timeline

See the stages and deadlines of a claim

Legal aid finder

Check legal-aid coverage by province

Document checklist

Build a list of documents for a claim

IFHP checker

See what health care is covered

Not sure where you are?
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