Claiming Asylum in Canada: How the Refugee Claim Process Works

Canada protects two groups:

• Convention refugees: people outside their home country who have a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group (for example, sexual orientation or gender).
• Persons in need of protection: people who would face a risk to their life, cruel and unusual treatment or punishment, or torture if returned.

You must be physically in Canada or at a Canadian port of entry to claim. If you are outside Canada, see refugee resettlement.

Asylum is a serious legal process with lasting consequences. Talk to a lawyer before or as soon as you make a claim. Many provinces offer legal aid for refugee claimants, and refugee clinics can help for free. See how to verify a lawyer or consultant.

After you claim, an officer decides whether your claim is eligible to go to the IRB. You give biometrics, answer questions, and usually complete an immigration medical exam.

The Basis of Claim (BOC) form is where you explain why you need protection. It is the most important document in your case. If you claim at a port of entry, you normally have 15 days to submit it to the IRB. If you claim from inside Canada, you submit it with your online application. Be complete and truthful; differences between your BOC and your testimony can hurt your credibility.

Your claim will not be referred to the IRB if, for example, you:

• Already have refugee protection in another country you can return to.
• Made a previous refugee claim in Canada that was refused, withdrawn, abandoned, or found ineligible.
• Made a claim in certain countries that share immigration information with Canada (the United States, the United Kingdom, Australia, or New Zealand).
• Are inadmissible for security, serious criminality, human rights violations, or organized crime.
• Arrived from the United States at a land border and no exception to the Safe Third Country Agreement applies.

Even if you are ineligible for an IRB hearing, you may be able to ask for a pre-removal risk assessment (PRRA). In 2025, the federal government also introduced legislation proposing new ineligibility rules, including for many claims made more than 1 year after arrival in Canada. Ask a lawyer whether any new rules apply to you.

Under the Canada-US Safe Third Country Agreement (STCA), people must generally claim asylum in the first of the two countries they arrive in. It applies:

• At official land border crossings from the US.
• Since March 25, 2023, across the entire land border, including internal waterways, for people who cross between official crossings and claim within 14 days.

Exceptions exist for people who have certain family members in Canada (such as a spouse, parent, child, or sibling who is a citizen, permanent resident, protected person, or refugee claimant), unaccompanied minors, holders of certain Canadian documents (such as a valid visa or work or study permit), and limited public interest cases. The STCA does not apply to claims made at airports or inside Canada after the 14-day period, but other rules may.

If you are in the US and thinking of coming to Canada to claim asylum, get legal advice first. See also refugee and asylee green cards for US options.

The Immigration and Refugee Board is an independent tribunal. At your hearing, a member of its Refugee Protection Division asks about your story and reviews your evidence, such as identity documents, police or medical reports, and country conditions reports. You can bring a lawyer and an interpreter is provided.

• If accepted, you become a protected person and can apply for permanent residence. See PR for protected persons.
• If refused, many claimants can appeal to the IRB's Refugee Appeal Division (RAD). Some claimants, such as those whose claims are found manifestly unfounded, cannot. After that, you can ask the Federal Court for judicial review, with permission. Deadlines are short (days, not months).

• Work: you can apply for a work permit once you have completed your immigration medical exam and your claim is found eligible.
• Health care: the Interim Federal Health Program covers basic health care until you qualify for provincial coverage.
• School: children can attend primary and secondary school.
• Housing and support: provinces and community organizations offer shelters and settlement help; this varies by city.

Keep your address updated with IRCC and the IRB. Missing a hearing or a deadline can lead to your claim being declared abandoned.

• Humanitarian and compassionate applications, for people with strong ties to Canada or hardship. Usually you cannot have one while a refugee claim is pending, and there is a 12-month bar after a refused claim, with exceptions.
• Pre-removal risk assessment (PRRA), for some people facing removal.
• Resettlement from abroad through refugee resettlement.