Refugee Claim

How to Make a Refugee Claim in Canada

Introduction

Canada is committed to providing protection to individuals who are fleeing persecution, conflict, and violence. If you are seeking asylum in Canada, this guide will help you understand the steps involved in making a refugee claim.

Eligibility Requirements

Before you start your refugee claim, ensure you meet the eligibility criteria. You may not be eligible if you:

  • Are recognized as a Convention refugee by another country that you can return to.
  • Already have protected person status in Canada.
  • Are subject to a removal order.
  • Have made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn.
  • Entered Canada from the U.S. along the land border (exceptions apply under the Safe Third Country Agreement).

Steps to Submit a Refugee Claim

Step 1: Confirm Eligibility

Verify that you meet the eligibility requirements. If eligible, your claim will be referred to the Immigration and Refugee Board of Canada (IRB) for determination [1].

Step 2: Submit Your Claim

You can start your claim online through the IRCC Portal. Ensure you have all necessary documents prepared for yourself and any family members included in the claim [2].

Step 3: Attend Your Hearing

The IRB will schedule a hearing where you must demonstrate that you meet the definition of a Convention refugee or a person in need of protection. You need to show that you cannot return to your home country due to a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group [1].

After You Submit Your Claim

While waiting for your hearing, you may be eligible for certain services and support, including health care and financial assistance. It’s important to stay informed about your claim status and any required actions [3].

Appeal Process

If your claim is rejected, you may have the option to appeal the decision through the Refugee Appeal Division. This process allows you to present new evidence or argue that an error was made in the initial decision [3].

Additional Resources

Conclusion

Making a refugee claim in Canada involves several steps and requires careful preparation. By understanding the process and meeting the eligibility requirements, you can seek protection and begin a new chapter in Canada.

References

  1. Where to Apply: You can make a refugee claim at any port of entry (airport, seaport, or land border) when you arrive in Canada12.
  2. Application Process: At the port of entry, a Canada Border Services Agency (CBSA) officer will conduct an eligibility interview and ask you to complete the required application forms12.
  3. Eligibility: The officer will determine if your claim can be referred to the Immigration and Refugee Board of Canada (IRB), an independent tribunal that makes decisions on immigration and refugee matters3.
  4. Requirements: You will need to provide fingerprints and a photograph as part of your application2.
  5. Asylum: If you are granted asylum, you will receive refugee status and the right to stay in Canada4.

Please refer to IRCC website for updated information.