Refugee Claim in Canada — Complete Steps 2026

Who can file a refugee claim in Canada?

Anyone fearing persecution in their country of origin due to race, religion, nationality, membership in a particular social group, or political opinion can file a refugee claim.

Steps in the refugee claim process

1. Declaration upon arrival

When you arrive in Canada (airport, land border), immediately declare your intent to claim asylum to a CBSA officer.

2. Eligibility

A CBSA or IRCC officer determines if your claim is eligible. If yes, your file is transferred to the Immigration and Refugee Board (IRB).

3. Basis of Claim (BOC) form

You have 15 days to complete the BOC form — a document detailing the reasons for your claim. This is the most important step where a lawyer's help is crucial.

4. Hearing before the Refugee Protection Division (RPD)

The hearing resembles a simplified trial. An IRB board member evaluates your claim. You must present evidence of persecution.

5. Decision

If the decision is favourable, you receive refugee status and can apply for permanent residence. If unfavourable, you can appeal.

Rights during a refugee claim

Appeal and review

**Refugee Appeal Division (RAD):** Deadline of 15 days after the RPD decision.

**Judicial review (Federal Court):** Deadline of 15 days after the RAD decision.

**Pre-Removal Risk Assessment (PRRA):** If you cannot appeal.

**Humanitarian and Compassionate (H&C):** Application based on humanitarian grounds.

Legal aid for refugee claimants

Legal Aid Quebec covers refugee claims. Contact your regional Legal Aid Office as soon as possible.

Read this guide in French: Demande d'asile au Canada — Étapes complètes 2026 →