Refugee claim in canada
If you are an asylum seeker, you might need our help because the refugee claim process is complex and involves many forms and documents to prepare.
Eligibility to make a refugee claim
Whether you come to Canada in a regular or irregular way, you will have an interview with CBSA or IRCC who will determine if you are eligible to make a refugee claim in Canada.
Make a refugee claim and prepare for your hearing
Once you are determined eligible to make a refugee claim, you will make a claim and the IRB will arrange a hearing for you during which it will decide if you are a "refugee" under the 1951 United Nations Convention.
After a decision on your claim is rendered
If it's a positive decision, you will have to apply for permanent residency; if it's a negative decision, several judicial remedies might be available to you.
Eligibility to make a refugee claim
Scenario 1
You arrive in Canada at any port of entry (airport, seaport, land border)
If you make a refugee claim upon arrival, an officer from the Canada Border Services Agency (CBSA) may conduct an eligibility interview with you on the spot. The officer may also tell you to submit your refugee claim online. Or, he may schedule an interview for you in which case, you will interview with the CBSA on the scheduled date.
In this scenario, once the officier decides that your claim is eligible, you will be given a Basis of Claim Form (BOC), then you must submit your completed BOC to the Refugee Protection Division (RPD) for each family member no later than 15 days after the date your claim was referred.
Scenario 2
You arrive in Canada through irregular border crossing (such as via Roxam)
You will be probably intercepted by the Royal Canadian Mounted Police (RCMP) who might transfer you to CBSA who will determine your admissibility to Canada and the eligibility of your refugee claim (just like Scenario 1).
Scenario 3
You make a claim after arriving in Canada
This means that you have not made a claim at any port of entry when you arrive in Canada. In this case, you must submit a complete application (which includes particularly your completed BOC) online through the Canadian Refugee Protection Portal. If you cannot submit your claim online after arriving in Canada, you may request to submit your refugee claim on paper from inside Canada.
Once your claim is submitted, an officer will decide if your claim is eligible.
What happens if your claim is determined eligible?
No matter which scenario you are in, if the officer decides that your claim is eligible, it is referred to RPD, then you will receive a Refugee Protection Claimant Document (brown paper) and a Confirmation of Referral letter. If you are deemed eligible to make a claim, you have the legal status of “refugee claimant” in Canada which allows you to stay in Canada until your claim is decided by the Refugee Board and to have access to some social services or benefits.
What happens if your claim is determined ineligible?
You will be issued a removal order which means that you are required to leave Canada before a specific date. However, you may be offered a Pre-Removal Risk Assessment (PRRA) by CBSA.
Make a claim and prepare for your hearing
Step 1 - Complete your BOC
In your BOC, you will present your claim by providing details about who you are and why you are seeking protection in Canada. A member at the Refugee Protection Division (RPD) who plays a role of judge will use the information provided in your BOC, together with your testimony at the hearing and other evidence, to determine if you qualify for refugee protection.
Tips for completing your BOC
- Answer all of the questions.
- Understand each question before answering it.
- Use clear handwriting or complete the form on a computer.
- Use extra paper if there is not enough room on the form.
- If you had an interpreter help you, have them read it back to you in your language. Have them sign the Interpreter's declaration.
- Only when you are certain that the information is correct, sign the declaration.
Step 2 - Gather and submit evidence
You need to prouve the following elements:
- Your identity
- You are a genuine asylum seeker. You can submit evidence that may help to show that your have a genuine fear of persecution in your country; that the government in your country is unable to protect you; that you could not reasonably or safely live in another region of your country, etc
- Conditions in your country. You may refer to National Documentation Packages (NDPs) produced by the Immigration and Refugee Board of Canada (IRB) and other reports from well-respected sources.
Be sure that all documents are translated into English or French and submit the translated documents with the original ones.
Step 3 - Prepare your list of witnesses, if any
If you would like to have a witness, you must prepare and submit a list providing the following information about each witness no later than 10 days before the date of your hearing:
- their contact information
- a short statement on the purpose of their testimony and what it will be about
- how long their testimony will take
- your relationship to the witness
- they will testify in person, by videoconference or by telephone
- whether they need an interpreter, and if so, the language they speak
- qualifications on expert witness
Step 4 - Attend your hearing
The RPD will send you a Notice of Appear by mail when your claim is ready to be heard.
Hearings usually take half a day and take place in private. All hearing are currently held virtually through Microsoft Teams if no request is made for an in-person hearing.
Legal aid
We accept legal aid mandates in certain refugee claim cases contingent upon the nature and complexity of the case.
Please note that after consulting us, it is your responsibility to take the necessary steps with the legal aid office in your region to determine your eligibility. You will need to make your appointment and provide all the documents required for the analysis of your file. Be informed that in the event of negligence on your part in obtaining a legal aid mandate or in the event of refusal of legal aid, the legal services rendered will be invoiced to you according to the lawyer's hourly rate for consultation.
To find out if you are eligible for legal aid, consult the eligibility scale on the website of the Legal Services Commission at: https://www.csj.qc.ca/commission-des-services-juridiques/aide-juridique/volet-gratuit-aj/en
