Individuals can seek protection and asylum if they are already in Canada and fear persecution in their home country. Attorneys at Khan law help refugee claimants, providing strong advocacy and guidance to refugee claimants every step of the way.
Contact Us ▸The Canadian refugee system has two main parts:
Lawyers at Khan Law can assist those who are within Canada with refugee claims.
If you are outside Canada, you may be eligible to immigrate permanently to Canada through another immigration program.
Refugee claims in Canada
Refugee claim applications made within Canada are managed by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). If you are recognized as a Convention refugee or a person in need of protection, you may be able to stay in Canada.
- You are considered a Convention refugee if you have a well-founded fear of persecution in your home country based on your race, religion, nationality, membership in a particular social group (i.e. sexual orientation) or political opinion.
- You are considered a person in need of protection if you would be subjected personally to torture, risk of death or to cruel and unusual treatment or punishment if you returned to your home country.
How do I make a claim for refugee protection?
Individuals can make a claim for refugee protection at a port of entry upon arrival, at an inland CBSA or IRCC office, or online through the Canadian Refugee Protection Portal. You can apply with or without the help of a lawyer. However, it is strongly recommended that claimants work with a lawyer experienced in Canadian citizenship and refugee matters.
To be eligible to apply, you:
- must be in Canada
- can’t be subject to a removal order
You are not eligible to seek asylum if you:
- have been convicted of serious criminal offences making you inadmissible to Canada or
- had previous refugee claims denied by Canada.
After you submit your refugee claim, a Canadian Border Services Agent (CBSA) or an agent of Immigration, Refugees and Citizenship Canada (IRCC) will determine if is eligible to move forward.
Eligible claims will be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) for a hearing. The IRB is an independent tribunal that makes decisions on immigration and refugee matters.
A claim is not eligible to be referred to the IRB if you:
- are a Convention refugee of another country that you can return to
- were granted protected person status in Canada
- arrived via the Canada-United States border
- have made a refugee claim in another country
- are not admissible to Canada on security grounds
- made a previous refugee claim that was not found eligible or rejected by the IRB
- abandoned or withdrew a refugee claim
If your claim is ineligible, it won’t be referred to the IRB and you will be issued a removal order to leave Canada.
Get a work or study permit
Most refugee claimants have no legal status in Canada, but are allowed to remain in the country. You can apply for a work permit or a study permit while waiting for a decision on your refugee claim.
HOW TO APPLY FOR A WORK PERMIT
If you or your lawyer haven’t already submitted your refugee claim, you can apply for a work permit at the same time as your refugee claim. You don’t need to submit a separate application or pay extra fees.
If your refugee claim has already been submitted, but you didn’t apply for a permit at the same time, you can apply for a work permit separately.
If you’re eligible and your work permit is approved, it will be mailed to you after you complete a medical exam.
GET A STUDY PERMIT
If you want to study while you’re in Canada, you must apply online for a study permit. You must have a letter of acceptance from a designated learning institution to apply. You can’t request to apply for a study permit when you submit your refugee claim. You must apply for a study permit separately.
What is a Basis of Claim Form (BOC Form)?
The first step to initiating a refugee claim is to submit a Basis of Claim (BOC) form at the port of entry, at an inland office or online.
The BOC form is a very important document which will be used as evidence during the review of your asylum claim. The BOC form is where you give information about yourself (your identity, family, documents and travel history) and about why you are claiming refugee protection in Canada.
You must attach copies of all of the documents that you have to support your claim to your BOC form. This includes:
- Evidence of who you with official identity documents containing your name and date of birth on them (i.e. passport, national identity card, birth certificate, school certificate, driver’s license, military document, and professional or religious membership card)
- Documents that are relevant to your claim, including proof of membership in political organizations, medical reports, police documents, business records, news clippings, visas and travel documents (airplane, train or bus tickets).
You must come to your hearing prepared to present the RPD with original documents to support your refugee claim. If you do not provide documents to support of your claim, you will have to explain at your hearing why you do not have them and show what you did to try to get them.
What happens at my hearing?
Your hearing is an important moment in the refugee protection process. This is usually when an RPD member will decide whether you are a Convention refugee or a person in need of protection. The member will usually tell you the decision and the reasons for the decision orally at the end of the hearing. In some cases, you will receive the decision later by mail.
What happens after the decision?
IF YOUR CLAIM IS ALLOWED
If your claim is allowed, the RPD will send you a written Notice of Decision with an explanation of why your claim was allowed.
The IRCC and the CBSA will receive copies of the decision. If they don’t agree with the positive decision, they may wish to appeal to the Refugee Appeal Division (RAD) of the IRB or file an application for leave and for judicial review with the Federal Court.
Unless the RPD’s decision is overturned by the RAD or by the Federal Court, you will be eligible to apply for permanent residence.
IF YOUR CLAIM IS REJECTED
If your refugee claim gets rejected, the RPD will send you a written Notice of Decision with an explanation of why your claim was rejected.
The Notice of Decision will tell you whether you can file an appeal to the Refugee Appeal Division (RAD) or file an application for judicial review with the Federal Court.
Most claimants can appeal the decision. However, you cannot appeal your refugee claim if:
- you are a designated foreign national
- your claim was withdrawn or abandoned
- the RPD’s decision says that your claim has “no credible basis” or is “manifestly unfounded”
- you made a claim at the US-Canada border as an exception to the Safe Third Country Agreement
- the Minister applied to cease (stop) your refugee protection, and the RPD’s decision allows that application;
- the Minister applied to vacate (cancel) the decision to allow your refugee protection claim, and the RPD’s decision allows that application; or
- your claim was sent to the IRB before December 15, 2012.
We help individuals and families seek asylum in Canada with expert guidance through the refugee claims process, and when needed, the appeals process.
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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.