An asylum claim in Canada determines your future. Every incorrectly completed form, every missed deadline, every instance of oral testimony inconsistent with your written file can lead to a refusal. At Blain Avocats, our immigration lawyers in Montreal guide you through every step of the process before the Immigration and Refugee Board of Canada (IRB), from the Basis of Claim form through to the final hearing.
✓ Attorney in good standing with the Barreau du Québec, accredited to represent clients before the IRB
✓ Full representation: from the BOC form to the RPD hearing and RAD appeals
✓ Over 35 years of experience serving immigrants and asylum seekers in Montreal
Asylum claimant
The Canadian asylum system is among the most rigorous in the world. An asylum claim, in order to be processed, must first be deemed eligible by an officer from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC), before being referred to the Refugee Protection Division (RPD) of the IRB. Each step involves strict deadlines and precise procedural requirements. An error at this stage can jeopardize your entire case.
Retaining a qualified attorney is not a luxury, it is a strategic decision that determines the quality of your defense.
The IRB is the largest independent administrative tribunal in Canada. It comprises several divisions, including the Refugee Protection Division (RPD), which adjudicates asylum claims, and the Refugee Appeal Division (RAD), which reviews challenges. At Blain Avocats, our team is well-versed in the procedural rules specific to each of these bodies and prepares every case with the rigor that such a high-stakes matter demands.
The BOC form is the central document of your asylum claim. It is in this form that you present your case, providing details about your identity, the dangers you face, and the reasons why you require protection. The RPD commissioner will rely primarily on this information, as well as on your hearing testimony, to render a decision.
If you submitted your asylum claim at a port of entry, you are required to file your BOC form through the designated online portal, in accordance with the instructions provided at the time of your arrival. Failure to meet these deadlines may result in the abandonment of your claim. For more information, please consult the claimant’s guide published by the IRB.
One of the most common pitfalls is an inconsistency between the written narrative in the BOC and oral testimony. During the hearing, the commissioner will question you about your account. If discrepancies are identified between your written declaration and your testimony, you will be confronted with them. Such inconsistencies may lead the decision-maker to conclude that your account lacks credibility, resulting in a refusal. Our lawyers prepare you ahead of your hearing to help you present a clear, consistent narrative that meets the applicable legal criteria. Your account must be sufficiently precise and complete.
The hearing before the Refugee Protection Division (RPD) is the decisive step in your asylum claim. Asylum may be granted if the RPD finds that the claimant is either a Convention refugee under the 1951 Refugee Convention or a person in need of protection under Canadian law. Convention refugees are persons who have a well-founded fear of persecution based on grounds such as race, religion, nationality, political opinion, or membership in a particular social group, and who are unable or unwilling to seek the protection of their country of origin.
Our lawyers rigorously prepare for every hearing: analysis of the evidence, witness preparation, anticipation of the commissioner’s questions, and timely submission of documentary exhibits. Your case is handled with the precision that a proceeding of this magnitude demands.
If the RPD rejects your asylum claim, you may have the right to appeal before the Refugee Appeal Division (RAD). This appeal must be initiated within a strict deadline. The RAD reviews the case based on the documents submitted by the parties and may, in certain circumstances, hold a hearing. Our lawyers draft structured appeal submissions, identify errors of law or fact made by the RPD, and advocate on your behalf with the procedural rigor that this division requires.
A refusal by the RPD (or the RAD) does not necessarily mark the end of your case in Canada. Several avenues of recourse exist, depending on your situation. The table below outlines the main options available.
| Recourse | Competent Authority | Deadline | Main Conditions |
|---|---|---|---|
| SAR Appeal | Refugee Appeal Division (IRB) | 15 days after RPD decision | Appeal right not excluded |
| PRRA | Immigration, Refugees and Citizenship Canada (IRCC) | Variable | Changed circumstances or new risks |
| Judicial Stay | Federal Court of Canada | Very short (emergency) | Pending case before the Court |
| H&C Grounds | IRCC | Variable | Establishment in Canada, best interest of the child, etc. |
The Pre-Removal Risk Assessment (PRRA) allows an IRCC officer to evaluate the risks to which a person would be exposed upon removal to their country of origin. This recourse may be available in certain circumstances, including in the context of a removal process or following an ineligibility decision on an asylum claim. The PRRA is conducted by an IRCC officer and does not constitute a substantive appeal of an initial decision. Rather, it is a supplementary assessment of current risks, based on new elements arising since the last relevant decision, where applicable.
When removal is imminent, it is possible to request an administrative or judicial stay in order to temporarily suspend the enforcement of the measure. A judicial stay is brought before the Federal Court of Canada and constitutes an emergency procedure. To be granted, a judicial stay essentially rests on three cumulative criteria: (1) the existence of a serious issue to be tried, (2) proof of irreparable harm if removal is carried out, and (3) the balance of convenience, which must favor the applicant. These recourses are granted only in exceptional cases, and the timelines are extremely tight.
An application based on humanitarian and compassionate (H&C) considerations allows an individual to seek permanent residence by invoking exceptional circumstances: the degree of establishment in Canada, the best interests of the children, and risks related to returning to the country of origin. This recourse is distinct from an asylum claim and may be submitted concurrently, subject to certain conditions.
The circumstances leading to an asylum claim are as diverse as human stories. Blain Avocats assists claimants from a wide variety of backgrounds and situations, tailoring each legal strategy to the specific characteristics of the case.
If you submit an asylum claim at a port of entry, you must complete the BOC form and file your application through the IRCC online portal, where you will also be required to provide your biographical information and the details necessary for the initial processing of your file. Once your claim has been referred to the Immigration and Refugee Board of Canada (IRB), the form and related documents must be transmitted to the IRB as part of the review process. The early involvement of a lawyer upon your arrival at Montréal-Trudeau Airport or at a land border crossing can be decisive in establishing the initial quality of your file.
Membership in a particular social group under the 1951 Refugee Convention may include, among other things, sexual orientation, gender identity or expression, being a woman, or certain specific situations or conditions recognized based on the circumstances of the case. Blain Avocats has the expertise required to present cases in the most compelling and thorough manner possible, even in complex and sensitive persecution situations, while ensuring the dignity and confidentiality of each client.
The Safe Third Country Agreement between Canada and the United States has profoundly altered the conditions of access to the asylum system for persons crossing the land border. Since the implementation of the Additional Protocol to this agreement, the number of claims filed between ports of entry has sharply declined. If you find yourself in an irregular situation, it is imperative to consult a lawyer before taking any steps.
Under section 97(1) of the Immigration and Refugee Protection Act (IRPA), a person in need of protection is a person in Canada who would personally be subject, upon removal to any country from which they hold nationality or, if stateless, to which they had their habitual residence, to a risk of torture within the meaning of Article 1 of the Convention Against Torture, or to a threat to their life or to a risk of cruel and unusual treatment or punishment, where there are substantial grounds to believe such risk exists.
In cases of a threat to life or risk of cruel and unusual treatment or punishment, this protection applies notably when the person cannot or, owing to that risk, will not avail themselves of the protection of that country; when the risk exists everywhere in that country while other persons originating from it are not generally exposed to such risk; when the threat or risk does not result from lawful sanctions, except those imposed in disregard of accepted international standards or inherent to or incidental to them; and when the risk does not stem from the inability of that country to provide adequate health or medical care.
Since 1987, Me Blain and his team have assisted individuals, families, and businesses with their immigration proceedings in Canada. Our firm, located in the heart of Montreal, is recognized for combining legal excellence with a human-centered approach.
Our philosophy is built on four core values: excellence, ethics, empathy, and commitment. In an asylum case, these values are not mere declarations, they translate concretely into rigorous hearing preparation, transparent communication with our clients, and high availability when deadlines are critical.
We understand that behind every case is a human being in a vulnerable situation. That is why every legal strategy is built on a custom basis, taking into account your individual background, your country of origin, and the specific circumstances of your situation.
Your asylum claim cannot wait. The deadlines imposed by the IRB are strict and non-negotiable. The sooner you are represented, the stronger your case will be. Contact Blain Avocats now.
Blain Avocats is a law firm whose members are in good standing with the Barreau du Québec. The information contained on this page is provided for informational purposes only and does not constitute legal advice.
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