Making a refugee claim in Canada

Overview

Making a refugee claim in Canada

An asylum claim asks Canada to protect a person already in Canada or at a port of entry who meets the Convention refugee or person-in-need-of-protection definition. It is not an alternative application for someone who simply prefers to remain in Canada.

Protection depends on the legal risk

A Convention refugee has a well-founded fear of persecution for a protected reason and cannot obtain protection from the country concerned. A person in need of protection faces specified risks such as torture, danger to life or cruel and unusual treatment or punishment.

Better employment, education or living conditions do not establish refugee protection. Evidence should address the feared harm, state protection and whether safe relocation is realistic.

Eligibility is decided before the hearing

IRCC or CBSA screens whether the claim can be referred to the Immigration and Refugee Board. Bars can arise from prior claims, protection in another country, security or serious criminality, removal orders and timing rules.

For claims made on or after June 3, 2025, IRCC states that a claim may be ineligible if made more than one year after first entry, where the person entered after June 24, 2020. A separate 14-day rule applies after certain irregular entries from the United States. Unaccompanied minors are exempt from those new timing rules.

The United States border has additional restrictions

The Safe Third Country Agreement generally prevents a claim by a person arriving from the United States at the land border, including between ports under the Additional Protocol, unless a defined exception applies.

Crossing between ports is dangerous and does not avoid the agreement. Eligibility should be assessed before travel because return to the United States and enforcement consequences may follow.

A referred claim requires a complete evidence record

The claimant files the required forms and Basis of Claim, completes biometrics, medical and security steps and later presents evidence at an IRB hearing. Deadlines and disclosure rules are strict.

Returning to the country of alleged persecution or using its protection can damage a pending claim and may later support cessation proceedings against protected-person status.