Refugee Claims in Canada: A Complete Guide for 2025

What Is a Refugee Claim in Canada?

A refugee claim is an application for protection made by someone who is already inside Canada or at a Canadian port of entry. Refugee protection is granted under the Immigration and Refugee Protection Act (IRPA) to people who face a real risk of persecution, torture, or cruel and unusual treatment if returned to their home country.

Canada recognizes two main categories of refugees:

1. Convention Refugees – People who have a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group (e.g., gender, sexual orientation).

2. Persons in Need of Protection – Individuals facing a risk to their life, risk of torture, or risk of cruel and unusual punishment if returned to their country.

Who Can Make a Refugee Claim in Canada?

To be eligible, you must be:

• Physically present in Canada or arriving at a port of entry (land border, airport, or seaport).

• Unable to return safely to your country of origin because of persecution or risk of harm.

You may not be eligible if:

• You have already been recognized as a refugee in another country you can return to.

• You made a previous refugee claim in Canada that was rejected or withdrawn.

• You are subject to removal orders or inadmissibility due to serious criminality, organized crime, or security concerns.

The Refugee Claim Process Step by Step:

1. Making the Claim

Claims can be made:

• At a port of entry to a CBSA officer.

• From within Canada at an IRCC office.

2. Completing the Basis of Claim (BOC) Form

This form explains why you are seeking protection and must be submitted within strict deadlines.

3. Eligibility Interview

An immigration officer reviews your claim to decide if it is eligible to be referred to the Immigration and Refugee Board (IRB).

4. Referral to the Refugee Protection Division (RPD)

If found eligible, your case is sent to the IRB’s Refugee Protection Division.

5. Hearing Before the IRB

A refugee protection hearing is scheduled where you present evidence, testimony, and supporting documents.

6. Decision

• If accepted, you gain refugee protection status and can apply for permanent residence.

• If refused, you may be able to appeal to the Refugee Appeal Division (RAD) or seek judicial review at the Federal Court.

Timelines and Waiting Periods:

• Basis of Claim Form: Must usually be submitted within 15 days of making the claim.

• Hearing: Scheduled within 60–90 days of referral, though delays are common.

• Decision: Timing varies, but most claimants receive a decision within several months.

Challenges in Refugee Claims

Refugee claims are complex and many face challenges such as:

• Lack of documentary evidence (e.g., police reports, medical records).

• Language barriers in preparing testimony and evidence.

• Credibility issues if testimony appears inconsistent.

• Missed deadlines that can result in claims being declared abandoned.

• Inadmissibility concerns for people with prior criminal or immigration history.

Because of these risks, having experienced legal representation is crucial.

What Happens If Your Claim Is Refused?

If your refugee claim is refused, you may still have options:

• Refugee Appeal Division (RAD): Appeals are available in most cases within 15 days of receiving the decision.

• Federal Court Judicial Review: If appeal rights are not available, you may seek judicial review of the IRB’s decision.

• Pre-Removal Risk Assessment (PRRA): In some cases, you may reapply for protection before removal.

Why Choose Merisca Legal?

At Merisca Legal, we are dedicated to representing clients before both federal and provincial tribunals, boards, and agencies — including the Immigration and Refugee Board and the Federal Court of Canada. We provide:

• Careful preparation of your Basis of Claim (BOC) form.

• Collection and organization of supporting evidence and testimony.

• Professional representation at IRB hearings.

• Strategic guidance on appeals, judicial reviews, and humanitarian applications.

We know the stakes are high. Our goal is to protect your rights and help you build the strongest possible case.

Frequently Asked Questions (FAQ)

1. Can I work while waiting for my refugee claim?

Yes. Many refugee claimants are eligible for a work permit while their claim is being processed.

2. Can I get health care as a refugee claimant?

Yes. You may qualify for temporary health coverage under the Interim Federal Health Program (IFHP).

3. How long before I can apply for permanent residence?

Once your claim is accepted, you can apply for permanent residence immediately.

4. Can my family be included?

Yes. Spouses and dependent children in Canada can be included in your claim. Family abroad may be sponsored later if your claim is accepted.

Contact Merisca Legal Today

If you are thinking about making a refugee claim in Canada or have already started the process, we strongly recommend getting legal support. At Merisca Legal Services Professional Corporation, our team provides clear guidance, strong advocacy, and compassionate representation at every stage of the refugee process.

📞 Call us today at +1 647 818 3005

📧 Email us at mersedeh@meriscalegal.com

🌐 Visit us at www.meriscalegal.com

Your safety and future matter. Let Merisca Legal help you protect them.