Inland Claims vs Port of Entry Claims
An inland refugee claim is made after a person has already entered Canada. It is different from a claim made at a port of entry (an airport, land border or seaport), which is handled by the Canada Border Services Agency (CBSA). An inland claim is submitted to Immigration, Refugees and Citizenship Canada (IRCC) through the IRCC Portal. Both routes lead to the same decision-maker: if the claim is found eligible, it is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB), which decides whether the person is a Convention refugee or a person in need of protection (Immigration and Refugee Protection Act (IRPA), ss. 96, 97 and 100).
You might be making an inland claim if you:
- Entered Canada as a visitor with a valid passport
- Your circumstances changed after arriving in Canada (e.g., you received news of danger to family in your home country)
- You discovered that you cannot safely return to your country of residence
- You are already in Canada and realized you need protection
The eligibility screening is done by IRCC for inland claims and by the CBSA for port of entry claims. In both cases an officer decides whether the claim is eligible to be referred (IRPA s. 100), and an eligible claim goes to the RPD for a hearing. For an inland claim the Basis of Claim (BOC) form is submitted with the online application, before the eligibility interview (Immigration and Refugee Protection Regulations (IRPR), s. 159.8(1)). Port of entry claimants complete the BOC form after referral, within the time limit set by the IRB.
Where to File Your Claim
IRCC states that a person inside Canada uses the IRCC Portal to submit an asylum claim online; a paper application is available only for accessibility reasons. The IRB adds that once the online application is started there are up to 90 days to complete it, failing which it has to be started again. The in-person part comes later: after the online claim is submitted, IRCC sends an appointment to meet an officer at an IRCC office for the eligibility interview.
The inland process, as IRCC and the IRB describe it, is:
- The claim is submitted online through the IRCC Portal, including a Basis of Claim (BOC) form for each family member and a copy of a passport, travel document or other identification
- IRCC sends an Acknowledgment of Claim letter confirming that the claim was received
- IRCC sends an appointment for an interview with an officer at an IRCC office, where biometrics (fingerprints for people 14 and over, and a photograph) are collected and instructions for the immigration medical exam are given
- The officer decides whether the claim is eligible. An eligible claim is referred to the RPD, and the officer issues a Refugee Protection Identity Document (RPID) and a document confirming the referral. A claim found ineligible is not referred and the person is referred to the CBSA
IRCC asks claimants to bring original passports and travel documents, and any other identification they have, to the interview.
Documentation You Need
All available documents should be brought, including:
Identity Documents
- Passport or national ID card
- Travel permits or visas
- Birth certificate (if available)
Evidence of Your Story
- Police reports or arrest records (if applicable)
- Medical or psychological reports (if you have been tortured or suffered trauma)
- Letters from organizations in your country (human rights groups, religious organizations, etc.)
- News articles or reports about the situation in your country
- Photos or documents showing discrimination or harm
Family and Personal Information
- Birth certificate of children (if you have them)
- Marriage certificate or divorce papers
- Names and addresses of family members
Proof of Current Status
- Visitor visa stamp in your passport
- Proof of your current address in Canada (utility bill, lease, letter from landlord)
- Contact information (phone number, email)
A claim can be made without every document on this list. The RPD Rules require a claimant to provide acceptable documents establishing their identity and the other elements of the claim, and a claimant who cannot provide them must explain why and what steps were taken to obtain them (Refugee Protection Division Rules, rule 11).
Before Your IRCC Interview
Before you go to the IRCC office, take time to prepare:
- 1.Write down your story: Create a timeline of events that led to you needing protection. Include dates, places, and what happened. This will help you remember details during the interview.
- 2.Consider getting counsel: Under IRPA s. 167(1) a person who is the subject of IRB proceedings may, at their own expense, be represented by legal or other counsel. Counsel who charges a fee must be a lawyer or paralegal who is a member of a provincial law society, a member of the Chambre des notaires du Quebec, or an immigration consultant who is a member of the College of Immigration and Citizenship Consultants (CICC). The IRB directs claimants who cannot pay to the legal aid office in their province to find out what help, if any, is available.
- 3.Organize your documents: Make copies of all documents and organize them in a folder so you can present them quickly.
- 4.Know the appointment details: The IRCC appointment notice gives the office address and the time of the eligibility interview.
Example Dialogue at IRCC
This shows the kind of exchange that might take place at the eligibility interview at an IRCC office, after the claim has been submitted online.
IRCC Officer:
"Hello. I am the officer reviewing the refugee claim you submitted online. Can you confirm why you are here today?"
Language such as:
"Yes. I submitted a refugee claim. I entered Canada as a visitor, but I can no longer return to my country because I face danger."
IRCC Officer:
"I will ask you some questions about your background, why you came to Canada and what you fear. Can I see your passport and any other identity documents you have?"
Language such as:
"Yes, here is my passport. I have been in Canada for three months on a visitor visa, but now I cannot go back because my government is looking for me."
IRCC Officer:
"Can you tell me briefly why your government is looking for you?"
Language such as:
"I was a journalist and wrote articles criticizing the government's human rights record. After my last article, they issued a warrant for my arrest on false charges. I have friends who were arrested the same way, and I fear I will be tortured if I return."
The Interview Process
IRCC describes the eligibility interview this way. The officer will:
- •Review the information submitted online, including the Basis of Claim (BOC) form, and collect biometrics
- •Ask you questions about your personal information, family, and background
- •Ask you to explain your reasons for claiming refugee protection
- •Review any documents you provide
- •Decide whether the claim is eligible to be referred to the RPD and, if it is, issue a document confirming the referral and a Refugee Protection Identity Document (RPID)
The officer may ask difficult or personal questions about why protection is needed. IRCC states that all questions must be answered truthfully and that it is a serious offence to lie on the application. A claimant who will need an interpreter for the RPD proceedings notifies the officer at the time of referral, specifying the language and dialect (Refugee Protection Division Rules, rule 19(1)).
What Happens After the Claim Is Submitted
Processing times vary and are not fixed by law; IRCC and the IRB publish current figures on their own websites. The sequence of steps is:
Eligibility Decision
IRCC reviews the online claim, holds the interview and decides whether the claim is eligible to be referred to the RPD (IRPA s. 100). If it is, the claim is referred and the RPID and confirmation of referral are issued.
Notice to Appear from the RPD
When the RPD sets a hearing date it sends a Notice to Appear giving the date, time and place of the hearing and how to join it. If the claimant has counsel, the notice is sent to counsel. The IRB states that most hearings are held virtually and last less than three hours.
Preparing Evidence
Documents a claimant wants to use at the hearing must be received by the RPD, and by the Minister if the Minister is intervening, no later than 10 days before the hearing date (Refugee Protection Division Rules, rule 34(3)). Documents in a language other than English or French must be provided with a translation (rule 32). The IRB encourages claimants to send evidence as early as possible.
Important Information
Keeping Contact Information Current: A claimant whose contact information changes must provide the change in writing, without delay, to the RPD and to the Minister (Refugee Protection Division Rules, rule 4(3)). The IRB states that a claimant who misses the hearing because the RPD could not reach them is called to an abandonment hearing, and an abandoned claim is not heard.
Work Permit Eligibility: IRCC states that an open work permit is issued to a claimant only once the claim has been found eligible for referral to the IRB and the medical exam has been passed, that there is no fee for it while an eligible claim is pending, and that it can be requested in the initial online claim.
Healthcare Coverage: IRCC states that Interim Federal Health Program (IFHP) coverage for a claimant starts once the person receives an Acknowledgment of Claim letter or a Refugee Protection Identity Document, and continues until the person qualifies for provincial or territorial health insurance or leaves Canada.
Legal Representation: IRPA s. 167(1) provides that a person who is the subject of proceedings before the IRB may, at their own expense, be represented by legal or other counsel. Paid counsel must be a member of a law society, the Chambre des notaires du Quebec or the CICC; a person who is not paid (a friend, relative or volunteer) may also act as counsel. Provincial legal aid programs decide what help they can offer.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. The refugee claim process is complex and individual circumstances vary. For advice specific to your situation, consult with a qualified refugee lawyer or Regulated Canadian Immigration Consultant (RCIC).