Asylum in Canada: How to Claim Refugee Protection, IRB Process & Rights

Claiming Asylum in Canada

If you are in Canada or at a Canadian port of entry and fear persecution, danger, or risk of torture in your home country, you can make an asylum claim (also called a refugee claim). Canada's independent Immigration and Refugee Board (IRB) will determine if you qualify as a refugee or person in need of protection.

Who Can Claim Asylum?

Eligible	Not Eligible
At a Canadian port of entry	Already recognized as a refugee in another country
Inside Canada	Arrived from a "safe third country" (US land border)
Fear persecution based on race, religion, nationality, political opinion, or social group	Previously rejected refugee claim in Canada
Fear torture or risk to life	Subject to removal order for serious criminality

Safe Third Country Agreement (STCA)

Feature	Details
What	Agreement between Canada and the US
Effect	Asylum seekers who enter from the US at official crossings are returned
Exception	Applies to ALL border crossings since March 2023
Exceptions	Family members in Canada, unaccompanied minors, some document holders

The Asylum Process

Make your claim — at a port of entry or inland IRCC office
Eligibility determination — IRCC decides if your claim is eligible for the IRB
Basis of Claim (BOC) form — you complete this form within 15 days
Hearing date — scheduled at the Refugee Protection Division (RPD)
Hearing — present your case before an IRB member
Decision — accepted or rejected
If accepted — become a "protected person," can apply for PR
If rejected — can appeal to Refugee Appeal Division (RAD)

While Your Claim Is Being Processed

Right	Details
Work	Apply for an open work permit
Healthcare	Interim Federal Health Program (IFHP)
Education	Children can attend school
Social assistance	Available in most provinces
Legal aid	Available in most provinces
Housing	Shelter and housing support available

Evidence for Your Claim

Type	Examples
Personal testimony	Detailed written statement of persecution
Documents	Identity documents, police reports, medical records
Country conditions	Reports on conditions in your home country
Witness statements	From people who can corroborate your story
Expert reports	From country experts or medical professionals

Processing Times

Stage	Time
Eligibility	1–3 months
BOC form	15 days to submit
Hearing	2–12 months after eligibility
Decision	At hearing or within weeks
RAD appeal	Several months
Total	6–24 months

Tips

Get a lawyer immediately — legal representation dramatically improves outcomes
Tell the truth — inconsistencies destroy credibility
Submit everything on time — missed deadlines can result in claim being abandoned
Keep all documents safe — identity documents are critical
Apply for a work permit — you'll need income while waiting
Connect with settlement services — free help is available

Source: IRCC — Claim Refugee Protection