Canada offers refuge for people who are facing serious danger in their home countries. If you are afraid to go back to your country because of persecution, violence, or threats to your safety, you may be able to apply for refugee status in Canada.
This guide will explain who a refugee claimant is, how Canada’s asylum system works, and how to start the process using the refugee portal.
What Is a Refugee?
Refugees are people who have to leave their country because they have a well-founded fear of being persecuted there. They may have that fear based on their racial or ethnic group, their religion, their nationality, their political opinion, or, sometimes, their membership in a particular social group (like LGBTQ+ individuals or women who may be subjected to violence).
Refugees do not leave by choice. They have left their country to find a place to be safe. Refugees are different from immigrants, who choose to move to another country for employment, education, family reunification, or other reasons.
Canada’s Asylum System
Canada offers protection through its asylum system to those who qualify as refugees or as people in need of protection. A refugee claim in Canada can be made at a port of entry (airport, land border, or seaport) or from within Canada.
However, not all claims are accepted. Each application goes through a screening process, and eligibility is determined before the case can proceed.
Also Read: Canada Refugee Portal: Guide for Asylum Seekers & Claimants
Step 1: Meeting the Eligibility Requirements
Before a refugee claim can be considered, Immigration, Refugees and Citizenship Canada (IRCC) will check if the person is eligible to make a claim. You may not be eligible to apply for asylum in Canada if:
You have already been recognized as a refugee by another country.
You have protected person status in Canada.
You are under a removal order.
You have made a previous refugee claim in Canada that was rejected, withdrawn, or abandoned.
You have claimed asylum in another country.
You are inadmissible to Canada based upon serious criminal activity, security risks, or violations of human rights.
You came to Canada from the United States on a land crossing and do not qualify for the Safe Third Country Agreement exceptions.
If your claim is found to be eligible, it will be referred to the Immigration and Refugee Board of Canada (IRB) for a hearing.
Entering Canada from the U.S.
The Canada-U.S. Safe Third Country Agreement (STCA) prevents most people who enter Canada at a land border from making a refugee claim. The reason is that both Canada and the United States consider each other safe for refugee applicants.
Your claim may be refused if you:
Entered at an official land border from the U.S.
Entered Canada through an unofficial point (river or forest) and applied for asylum within two weeks of entry.
Some exemptions to STCA include having family members in Canada or being an unaccompanied minor.
Step 2: Proving You Are a Refugee
If your claim is sent to the IRB, you will have a hearing. At this hearing, you must show that you meet the definition of either:
A Convention Refugee
This means you are outside your home country and unable to return due to a well-founded fear of persecution because of your:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
A Person in Need of Protection
This applies if you cannot return home because you would face:
Danger of torture
Risk to your life
Risk of cruel and unusual treatment or punishment
The IRB will decide if you meet one of these definitions. If not, your claim may be refused, and you could be asked to leave Canada.
Important Considerations
It is important to keep in mind that making a refugee claim is not a way to speed up immigration to Canada. Neither claims for better job opportunities nor education will be accepted. The system is aimed to assist people in actual danger.
Asylum seekers in Canada go through detailed background checks and interviews. Not all claims are approved, and no one can promise or guarantee acceptance.
Avoid Misleading Information
Some individuals may offer to help with your application in exchange for money and claim they can guarantee your refugee status. These promises are false. Submitting incorrect or fake information can lead to:
Permanent bans from returning to Canada
Problems with bringing your family in the future
Legal consequences
Always seek help from trusted and licensed immigration consultants or lawyers when it comes to your claim.
How to Submit a Refugee Claim in Canada
If you are inside Canada, you must use the IRCC refugee portal to submit your application online.
Step 1: Prepare Your Documents
Before you start your claim, gather these documents:
Basis of Claim (BOC) form from the Immigration and Refugee Board
Passport or other identity documents
Use of the Representative form (if you are getting help)
Any supporting documents (such as medical reports, police records, proof of persecution, or news articles)
You will need a scanner or camera to upload digital copies.
Step 2: Create an IRCC Portal Account
Visit the IRCC website and request an invitation code to create your portal account. Once you receive the code, follow the steps to sign up. You can submit one claim for yourself and add your family members to the same application.
Step 3: Complete and Submit Your Claim
After signing in to the portal:
Select “Make a new refugee claim or continue a claim made to the Canada Border Services Agency (CBSA)”
Complete the forms for yourself and your family
Upload all necessary documents
Submit your claim
You will receive confirmation and further instructions, including a hearing date.
Need Assistance With Your Refugee Claim?
The process for applying for refugee protection is a serious and detailed process, but if you are unsure about your eligibility, the documentation you will need, or how to navigate the refugee portal, it is advisable to seek professional help.
New Jain Immigration can provide professional help. Our experienced team can guide you through every step, whether you’re just starting your claim or need help preparing for your Canadian visa.
Contact New Jain Immigration for professional assistance in any immigration or refugee matter in Canada with confidence. We care about your safety and your future, and we’re ready to help you find the best path forward.
