Overview of Claim Types
Refugee claims in Canada can be made in two different ways: at a port of entry (upon arrival in Canada) or inland (after already being in Canada). The type of claim made affects the processing timeline, the requirements to be met, and the benefits and supports available during processing. Understanding these distinctions is important for knowing what to expect during a refugee claim process.
Both types of claims follow the same basic structure once they enter the immigration system, being processed by Immigration, Refugees and Citizenship Canada (IRCC) and ultimately determined by the Immigration and Refugee Board (IRB). However, the initial procedures and immediate processing differ significantly between port of entry claims and inland claims.
Port of Entry Refugee Claims
A port of entry claim is a refugee claim made at a Canadian border upon arrival. This includes claims made at airports, land borders, ocean ports, or other official entry points to Canada. Making your claim immediately upon arrival has significant implications for how your case is processed.
Making a Claim at the Border
When an individual arrives in Canada and indicates the intention to make a refugee claim, immigration officials will register the claim and provide information about the process. Interview by an immigration officer regarding identity, travel history, and the claim may occur. Detention during initial processing is possible if the individual is arriving without proper documentation or is considered inadmissible.
Initial Processing at the Border
At the port of entry, initial examination occurs where border officials assess eligibility to make a refugee claim. Questions about identity, travel, and any other claims in different countries are asked. An examination is preliminary in nature and not a full hearing.
Immediate Protection
Upon making a claim at a port of entry, an automatic removal stay is immediately activated. This means removal from Canada cannot occur while the claim is processed. A refugee claim receipt confirming claim status is issued.
Potential Detention
Immigration officers may place individuals in immigration detention if concerns about identity, flight risk, or security exist. Detention decisions must be reviewed within 72 hours of initial detention and are subject to regular reviews. Many claimants are released from detention subject to conditions.
Inland Refugee Claims
An inland claim is a refugee claim made after you have already entered Canada, whether you entered legally or irregularly. You may file an inland claim at an Immigration, Refugees and Citizenship Canada (IRCC) office, at a Canada Border Services Agency (CBSA) office, or even by mail in some cases.
Filing an Inland Claim
To file an inland refugee claim, an IRCC office in the area must be located and the claim submitted. Filing in person or by mail is possible. Appropriate application forms must be completed with biographical information, passport or travel document (if available), and any initial documentation supporting the claim.
Timing of Inland Claims
Some inland claims must be filed within specific timeframes. If Canada was entered illegally or with a false document, time limits for making a claim may apply. Consulting with a lawyer about timing is advisable to ensure compliance with all requirements.
Immediate Protection from Removal
Once an inland claim is filed, an automatic removal stay is activated. This stay prevents removal from Canada while the claim is processed. The claim receipt should be kept to demonstrate a pending claim.
No Detention Risk
Unlike port of entry claims, inland claims generally do not result in immigration detention. If an inland claim is filed voluntarily at an IRCC office, immediate detention is typically not at risk unless other enforcement issues exist.
Key Differences Between Claim Types
While both port of entry and inland claims follow similar overall processes, there are important differences in how they are handled initially and some differences in eligibility and requirements.
When the Claim is Made
The most obvious difference is the timing: port of entry claims are made upon arrival, while inland claims are made after you have already been in Canada for some time. This difference affects where and how the claim is registered and how quickly processing can begin.
Location of Claim
Port of entry claims are made at border control points. Inland claims are made at IRCC offices or CBSA offices within Canada. This affects where your initial processing occurs and how your claim is documented.
Safe Third Country Agreement
The Safe Third Country Agreement (STCA) with the United States applies specifically to refugee claims made at land border ports of entry. If you make a port of entry claim at a land border with the US, the STCA may prevent you from making your claim. Inland claims are not subject to the STCA.
Initial Examination
Port of entry claimants undergo a border examination by immigration officers. Inland claimants file directly with IRCC and may not have an examination before their claim is referred to the IRB, though IRCC may conduct an eligibility interview.
Right to Work During Processing
Both port of entry and inland claimants can apply for open work permits, but the timing of when these applications can be made may differ. Inland claimants may be able to apply for work authorization sooner.
Processing Timelines
Processing timelines differ somewhat between port of entry and inland claims, though the overall length of the refugee claim process is similar.
Port of Entry Initial Processing
Port of entry claims typically undergo an eligibility examination within a few weeks of arrival. After the examination confirms eligibility, the file is sent to IRCC for full processing. The entire initial port of entry processing can take 1-3 months before the file is referred to the IRB.
Inland Initial Processing
Inland claims may take somewhat longer initially, as the IRCC office must receive and register the claim, schedule an eligibility interview if necessary, and then proceed with processing. This can take 2-6 months before the file is referred to the IRB.
IRB Processing and Hearing
Once both types of claims are referred to the IRB, processing timelines are similar. Both must wait for a hearing date, which typically takes 6-18 months depending on the region. The hearing process and decision timeline are the same for both.
Rights and Protections
Both port of entry and inland claimants receive the same fundamental protections and rights once their claims are registered. However, the initial procedures differ.
Removal Stay
Both types of claims activate an automatic removal stay upon registration. You cannot be removed from Canada while your claim is being processed, regardless of whether you claimed at a port of entry or inland.
Right to Work
Both port of entry and inland claimants are eligible to apply for open work permits while their claims are pending. The procedure and timeline for obtaining a work permit may vary slightly, but the authorization itself is the same.
Access to Social Benefits
Both types of claimants may be eligible for social assistance, depending on the province. However, eligibility varies by province and depends on your status and circumstances.
Healthcare Access
Both port of entry and inland claimants are eligible for the Interim Federal Health Program (IFHP) while their claims are pending. Healthcare coverage is the same for both groups.
Strategic Considerations
While you may not always have a choice between making a port of entry claim and an inland claim, understanding the differences can inform strategic decisions about when and where to claim.
Port of Entry Advantages
Making a claim at a port of entry immediately upon arrival activates all protections and begins processing right away. There is no delay before your claim is registered. Processing may move slightly faster overall, as the port of entry examination occurs sooner.
Port of Entry Disadvantages
The risk of detention is higher with port of entry claims. You may have less time to prepare your case before initial examination. The Safe Third Country Agreement may prevent your claim if you are arriving from the US at a land border.
Inland Advantages
Inland claims avoid the Safe Third Country Agreement. There is less risk of detention. You have time to gather initial documentation and may be better prepared when you file.
Inland Disadvantages
There may be time limits on when you can file an inland claim, depending on your entry method. Processing may be slightly slower initially, as IRCC must register and schedule examination.