How a Refugee Claim Works in Canada: A Plain-Language Guide

Canada offers protection to people who face persecution in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group — and to people who face a risk of torture, a risk to their life, or cruel and unusual treatment if returned.

Where a claim starts

A refugee claim can be made at a port of entry (airport or land border) or from inside Canada through an IRCC office. Officials first decide whether the claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB) — the independent tribunal that decides refugee claims. Claims can be found ineligible for reasons such as a previous claim, protection in another country, or the Safe Third Country Agreement at land borders.

The Basis of Claim form

The Basis of Claim (BOC) form is the foundation of the entire case. It tells your story: what happened, who harmed or threatened you, why you could not get protection at home, and why you cannot safely return. Inconsistencies between your BOC, your documents, and your testimony are the most common reason claims run into trouble — which is why the form should be complete, accurate, and consistent from the very beginning. Our guide to the Basis of Claim form walks through what the narrative needs to cover.

The hearing

Most claimants attend a hearing before an IRB member, who asks questions about the claim and the evidence. Supporting documents — identity documents, medical or police reports, news articles about country conditions, letters from witnesses — are gathered and disclosed before the hearing on a strict timeline.

Who can represent you

Only certain professionals can legally represent claimants for a fee, and appearing before the IRB requires a specific class of licence. An RCIC-IRB is a Regulated Canadian Immigration Consultant authorized to represent clients before the Board — we explain the licence classes and how to check them in what an RCIC is and why it matters who you hire. You can verify any consultant's licence on the CICC public register before hiring anyone.

If a claim is refused

A negative decision is not always the end of the road. Depending on the case, options can include an appeal or judicial review, a Pre-Removal Risk Assessment if removal becomes imminent, or a Humanitarian & Compassionate application where personal circumstances and establishment in Canada are strong. Each has its own timing rules, and the deadlines are short.

Every refugee case is deeply personal, and no two are alike. If you are considering a claim or have a hearing date, book a consultation through our refugee and IRB services — we will assess your situation honestly and explain what strong preparation looks like for your case.