Refugee Claim Process
Understanding how to claim refugee protection in Canada and your rights throughout the process.
Last verified: 2026-04-03
What the Law Says
IRPA s.95-97 establish the definition of a Convention refugee and person in need of protection. Section 100 requires claims to be referred to the Immigration and Refugee Board. Section 107 grants authority to make refugee protection decisions. Section 110 establishes appeal rights to the Refugee Appeal Division. Section 112 provides for Pre-Removal Risk Assessment when a claim is rejected. These provisions protect individuals fleeing persecution, torture, and cruel treatment.
What This Means for You
If you have fled persecution or fear returning to your country, you may claim refugee protection in Canada. The refugee claim process involves making a claim, participating in a hearing before the Immigration and Refugee Board, and receiving a decision. If your claim is accepted, you become a permanent resident with refugee protection. If rejected, you have the right to appeal to the Refugee Appeal Division. Even if your appeal is unsuccessful, you may be eligible for a Pre-Removal Risk Assessment that can prevent removal if you face substantial danger.
Throughout the process, you have rights including the right to an interpreter, the right to legal representation, the right to present evidence and witnesses, and the right to know the case against you. The decision-maker must consider your circumstances impartially and apply the law fairly.
Real Example
A person arrived in Canada and claimed refugee protection based on persecution for political opinion. They had been detained and tortured in their home country for protesting against the government. They submitted documentation including medical evidence of torture, statements from witnesses, and country condition reports showing ongoing persecution. A hearing was held before the Immigration and Refugee Board, where the claimant testified about their experiences and the RPD (Refugee Protection Division) officer asked questions. The claimant's representative presented argument about why the claimant qualified as a Convention refugee. The board made a decision either accepting or rejecting the claim. If rejected, the claimant had the right to appeal to the Refugee Appeal Division (RAD) within 15 days. If the RAD upheld the rejection, the claimant could apply for a PRRA to demonstrate substantial risk of torture or death if removed.
What Options Exist
- 1Document your reasons for fearing return to your country, including persecutions you have experienced, threats you have received, and why you believe you cannot be safe.
- 2Gather evidence including police reports, medical records showing injuries, documentation from organizations that assisted you, family statements, and country condition reports demonstrating persecution.
- 3Submit your refugee claim to IRCC. You may claim at the border, at an airport, or at an IRCC office. If you claim in-country, submit as soon as possible.
- 4Participate in interviews with IRCC and CBSA officers. Answer questions honestly and completely about your background and reasons for fearing return.
- 5Attend your hearing before the Immigration and Refugee Board Refugee Protection Division. Present evidence, testimony, and argument about why you qualify for protection.
- 6If your claim is rejected, file an appeal to the Refugee Appeal Division (RAD) within 15 days. The RAD can order the decision reconsidered if it contains errors.
- 7If the RAD upholds the rejection, apply for a Pre-Removal Risk Assessment demonstrating you face torture, death, or cruel treatment if removed.
- 8Seek interim measures if facing imminent removal while appeals are pending. Request a stay of proceedings or other court orders to prevent removal.
Claim Stages
Claim Filing
Submit claim to IRCC with supporting documents and personal information form. Obtain work and travel documents if eligible.
IRCC Processing
IRCC verifies information and refers claim to the Immigration and Refugee Board. Processing times vary.
IRB Hearing
Appear before the Refugee Protection Division for a hearing. Present evidence and testimony about persecution.
RPD Decision
The RPD issues a decision accepting or rejecting the claim. If accepted, you become a permanent resident.
Refugee Appeal Division
If rejected, file an appeal to the RAD within 15 days. RAD reviews the decision for legal and factual errors.
Pre-Removal Risk Assessment
If RAD upholds rejection, apply for PRRA demonstrating risk of torture or death in destination country.
Where to File
Refugee Protection Division (IRB)
Initial refugee claim hearing. Hearings held in major cities. File supporting documents before hearing date.
Refugee Appeal Division (RAD)
Appeal of RPD rejection. File within 15 days of negative decision. New evidence may be submitted.
IRCC Pre-Removal Risk Assessment
Apply for PRRA if RAD upholds rejection. Demonstrates risk of torture, death, or cruel treatment.
Federal Court
Seek judicial review of IRB or PRRA decisions on grounds of legal error or procedural unfairness.
Key Statutes
When Should You Consult an Immigration Professional?
This platform is designed to help individuals understand their immigration rights, gather documentation, and navigate processes independently. Many routine applications and renewals can be handled without professional assistance.
The most effective time to engage an immigration lawyer or licensed RCIC is when facing a refusal, removal order, or complex application. A professional can review your complete file and provide strategic advice before you file an appeal or respond to enforcement action.
By gathering documentation and understanding the relevant statutes first, consultations become focused strategic reviews rather than costly fact-gathering sessions.
Read our full guide: Working with an Immigration Professional →
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Cite This Page
MyImmigrantRights.ca. "Refugee Claim Process." Accessed April 3, 2026. https://myimmigrantrights.ca/issues/refugee-claim-process
Written by the MyImmigrantRights.ca team, based on comprehensive research of Canadian immigration law, IRPA, the Citizenship Act, and IRCC policy guidance.