A person who is in Canada or who presents themselves at a port of entry may, subject to the applicable eligibility rules, claim protection in Canada if they fear persecution or would face certain serious risks upon return to their country.
The process involves several steps, from filing the claim to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) reviewing the file. The claimant must, among other things, provide information about their identity and background, present the grounds for their claim, and meet the deadlines and requirements communicated to them throughout the processing of their file.
The applicable rules can vary depending on the claimant's situation, including their point of entry into Canada, the date of their entry, their country of origin, and the circumstances of their claim. Changes made to the asylum system in recent years have also introduced new eligibility rules that must be considered before filing a claim.
Key Takeaways
- A person may claim asylum from within Canada or, depending on their situation and the applicable rules, present themselves at a port of entry to claim protection in Canada. Access to the process at the border is nonetheless subject to specific eligibility rules and, particularly for people arriving from the United States, to the Safe Third Country Agreement and its exceptions.
- The Basis of Claim (BOC) form is a central part of the file and must clearly and consistently set out the grounds on which protection in Canada is being sought.
- Processing times for an asylum claim can vary considerably depending on several factors, including the claimant's situation, the complexity of the file, the verifications required, and the IRB's workload.
- Certain eligibility rules may prevent a claim from being referred to the Refugee Protection Division, particularly depending on the date of entry into Canada or the circumstances surrounding that entry.
Who Can Claim Asylum in Canada?
A person may claim protection in Canada when they have a well-founded fear of persecution in their country based on one of the grounds set out in the Convention Relating to the Status of Refugees, including race, religion, nationality, membership in a particular social group, or political opinion.
Protection in Canada may also be granted to a person who does not meet the definition of a Convention refugee but who would personally face, upon return to their country, torture, a risk to their life, or a risk of cruel and unusual treatment or punishment. This is protection granted to a "person in need of protection" under the Immigration and Refugee Protection Act (IRPA).
Meeting one of these definitions does not automatically mean the claim will be reviewed by the Refugee Protection Division. The IRPA sets out various situations in which a claim may be ineligible, including based on certain prior decisions or claims, recognized protection in another country, or certain grounds of inadmissibility.
How Do You File an Asylum Claim in Canada?
An asylum claim can be filed in two ways, depending on whether the person is outside Canada at the time of the claim or already in the country. The process and initial steps differ depending on the situation.
Claiming Asylum at a Land Port of Entry
A person who wishes to claim asylum at a port of entry must inform a Canada Border Services Agency (CBSA) officer. The officer will carry out initial checks, including determining whether the claim can be referred to the Refugee Protection Division (RPD) of the IRB. The claimant will then need to provide the required information and documents, including completing the steps indicated by immigration authorities.
Particular attention should be paid by people arriving in Canada from the United States by land. The Safe Third Country Agreement generally provides that a person who presents themselves at the Canada-U.S. border cannot make an asylum claim in Canada and may be returned to the United States, subject to the exceptions provided under the Agreement.
Eligibility rules were also amended in 2025 and 2026. A person considering claiming asylum at the border should therefore check beforehand whether they are eligible to file a claim in Canada and whether an exception to the Safe Third Country Agreement might apply to their situation.
Claiming Asylum From Within Canada
A person already in Canada can file an asylum claim online through the IRCC portal. As part of this process, they must provide the required information and documents and complete their Basis of Claim (BOC) form.
The information provided allows authorities to determine, among other things, whether the claim can be referred to the Refugee Protection Division (RPD) of the IRB. The BOC form is an essential part of the claim, as it allows the claimant to explain the grounds on which they are seeking protection in Canada.
How Does an Asylum Claim in Canada Proceed?
After an asylum claim is filed, several steps must be completed before the file can be decided by the Refugee Protection Division (RPD) of the IRB. The claimant must, among other things, provide information about their identity, their background, and the reasons why they are seeking protection in Canada, then prepare their file for their hearing.
Filing the Claim
An asylum claim is filed according to the process that applies to the claimant's situation. The information provided at the time of filing allows authorities to verify the claimant's identity and determine whether the claim can be referred to the IRB.
It is important to provide complete and accurate information from the outset. Information provided regarding personal history, addresses, employment, travel, and other relevant details should be kept, as it may later be compared with information provided elsewhere in the file.
The Basis of Claim Form
The Basis of Claim (BOC) form is a central document in the file. It allows the claimant to explain the reasons why they are seeking protection in Canada, including the events they experienced and the risks they would face upon return to their country.
The content of the BOC form must be consistent with the information provided when the claim was filed. Particular attention should be paid to employment history, addresses, travel, and other biographical information. Discrepancies between the various pieces of information provided may lead to questions from the member at the hearing.
The Hearing Before the Refugee Protection Division
Once the file is referred to the RPD, the claimant is called to a hearing. The member reviews the evidence, the claimant's testimony, and other relevant information to determine whether the person meets the definition of a Convention refugee or a person in need of protection.
The claimant may be questioned about the content of their BOC form, the events underlying their claim, the risks they would face upon return to their country, and the documents submitted in support of their file. Consistency between the BOC form, the documents, and the testimony is therefore an important part of assessing the claim.
Staying in Contact With the IRB
The claimant must also make sure their contact information and address remain up to date with the IRB. The Board communicates with claimants throughout the processing of their file and may send them documents or ask them to confirm certain information.
For claimants who are not represented, the IRB's practice is to send a notice of intent to proceed to confirm that they still wish to pursue their claim. It is therefore important to monitor communications received from the Board and to respond within the indicated deadlines. An address that is no longer up to date may prevent the claimant from receiving an important communication regarding their file.
How Should You Write Your Narrative in the Basis of Claim Form?
The narrative attached to the BOC form must clearly and thoroughly describe the events that led the person to seek protection in Canada. It should present the facts in chronological order and explain the relevant circumstances as well as the reasons why the person fears returning to their country.
The information provided must be consistent with what appears in the other documents and forms in the file, including information relating to personal history, addresses, employment, and travel. Contradictions or significant omissions may be raised during the review of the file or at the hearing before the RPD.
The narrative should also make clear the connection between the events experienced, the person's fears, and the risks they claim to face upon return to their country. It is therefore important to provide sufficiently precise explanations and not to omit relevant facts, even if they occurred several years earlier.
What Documents Are Needed for an Asylum Claim?
The documents required vary depending on each claimant's situation and the circumstances relied on in support of the claim. Some documents are required as part of the filing process, while others may be used to support the facts presented in the file.
Depending on the situation, the claimant may have documents establishing their identity, personal background, or the circumstances giving rise to their claim. They may also submit evidence related to the events or risks alleged, such as medical records, correspondence, photographs, or official documents.
Available documents should be assessed based on their relevance to the file. The absence of a particular document does not necessarily mean a claim cannot be filed or accepted. In some cases, the claimant may also explain why certain documents are not available or why it is impossible for them to obtain them.
How Long Does It Take to Process an Asylum Claim in Canada?
There is no single processing time that applies to all asylum claims in Canada. The time required to process a file can vary considerably depending on the claimant's situation and how the file develops.
Processing may depend on the administrative steps required before the claim can be heard, the verifications to be carried out, the claimant's country of origin, the complexity of the issues raised by the claim, and the IRB's workload.
Processing times may also vary depending on the IRB regional office responsible for the file. It is therefore difficult to predict exactly when a hearing will take place or when a decision will be issued.
In practice, an asylum claim may remain in process for a significant period of time. Claimants should therefore make sure to meet the deadlines communicated to them and keep their contact information up to date in order to receive notices and hearing summons from the IRB.
What Should You Consider Before Claiming Asylum in Canada?
Filing an asylum claim is a significant step that can have consequences for a person's status in Canada. Before filing a claim, it is therefore important to understand the applicable rules and to make sure the claimant's personal situation can be assessed under Canada's asylum system.
Processing a claim can take a long time and requires meeting various deadlines and obligations throughout the process. The claimant must, among other things, respond to communications from the IRB, provide the information and documents requested, and attend the steps or hearings to which they are summoned.
The outcome of a claim is also not guaranteed. The RPD assesses each file based on the evidence presented and determines whether the claimant meets the applicable criteria to obtain protection in Canada. If the claim is refused, certain avenues of recourse may be available depending on the claimant's situation, but the person may ultimately have to leave Canada if no other measure allows them to remain lawfully.
It is also important to consider the consequences of abandoning a claim or having it declared withdrawn, particularly when a claimant fails to meet the obligations or deadlines imposed on them. The consequences nonetheless vary depending on the circumstances and the stage the file has reached.
What Role Can a Lawyer Play in an Asylum Claim?
A lawyer can be involved at various stages of an asylum claim, including analyzing the claimant's situation, informing them of the applicable rules, helping them prepare forms and evidence, and representing them in proceedings before the IRB.
Their involvement may also include preparing the claimant for their hearing as well as representing them before the Refugee Protection Division.
Your Questions About Claiming Asylum in Canada
Can You Work While Your Asylum Claim Is Being Processed?
Yes. As a general rule, a claimant may obtain an open work permit while their claim is being processed. This permit allows them to work for any employer of their choice in Canada. Where an asylum claim is subject to an ineligibility rule, the situation may be different, and the steps to obtain a work permit may vary depending on the circumstances.
Can Family Members Be Included in an Asylum Claim?
As a general rule, family members who are in Canada may file an asylum claim as part of the same proceeding, provided they are themselves seeking protection in Canada because they fear persecution or would face a serious risk to their life, torture, or cruel and unusual treatment or punishment upon return to their country. The applicable rules may nonetheless vary depending on each family member's situation. Family members who are outside Canada are generally not included as claimants in the same proceeding. Once the principal claimant has obtained refugee status or status as a person in need of protection, certain family members may, subject to the applicable requirements, be included in a permanent residence application.
What Happens After an Asylum Claim Is Accepted?
When a claim is accepted by the Refugee Protection Division, the claimant obtains protection in Canada and becomes a protected person. They can then apply for permanent residence, subject to the applicable requirements.
What Happens if an Asylum Claim Is Refused?
An unfavorable decision by the Refugee Protection Division may, depending on the circumstances, be challenged before the competent authorities. The available avenues of recourse and applicable deadlines depend on the decision rendered and the claimant's situation.
Do You Need to Be Represented by a Lawyer to File an Asylum Claim?
No. A person may file an asylum claim without being represented by a lawyer. They nonetheless remain responsible for meeting the requirements and deadlines that apply to their file.
What Should You Do if the Claimant's Contact Information Changes While the File Is Being Processed?
It is important to notify the relevant authorities of any change of address or contact information. The IRB uses this information to send communications, notices, and summonses related to the file. A claimant who does not receive a communication because their contact information is no longer up to date could miss an important deadline.
Can an Asylum Claim Be Filed After Several Years in Canada?
Yes, a person may file an asylum claim even if they have been in Canada for several years. However, the claim may not be eligible due to the rules that apply to their situation, including the rules concerning the deadline following their first entry into Canada.
When a claim is ineligible, it is not necessarily handled the same way as a claim that can be referred to the Refugee Protection Division. Depending on the circumstances, another risk assessment mechanism, such as a Pre-Removal Risk Assessment (PRRA), may apply. The consequences and steps to be taken can therefore vary considerably from one situation to another.
