Claiming Refugee Protection in Canada: A Step-by-Step Guide

Canada protects people who are Convention refugees (who fear persecution because of race, religion, nationality, political opinion or membership in a particular social group) and persons in need of protection (who face a risk of torture, a risk to life, or cruel and unusual treatment). Here is how the process generally works.

Step 1 — Making the claim

Since November 3, 2026, every claim starts in the IRCC Portal: you first indicate your intention to claim online, then attend an in-person appointment where the claim is formally made. An officer then decides whether your claim is eligible to be referred to the Immigration and Refugee Board (IRB). See our article on the new asylum process.

Some claims are not eligible — for example, if you made a previous claim in Canada, already have protection in another country, or fall under the Safe Third Country Agreement with the United States. Since 2026, claims made more than one year after first entering Canada (after June 24, 2020), or more than 14 days after crossing between ports of entry on the Canada–US border, are also ineligible, with exceptions such as unaccompanied minors. Serious criminality or security concerns can also make a claim ineligible.

Step 2 — Completing your application

Your written story and supporting documents are the heart of your case: they explain why you fear returning and list your evidence. Under the new rules, eligible claimants have 60 days to submit the completed application and required documents, with a one-time 30-day extension on request. Incomplete or unresponsive claims can be treated as abandoned, and inconsistencies between your written story, your interviews and your testimony are one of the main reasons claims fail.

Step 3 — Preparing evidence

• Identity documents (passport, national ID, birth certificate)
• Personal evidence: letters, photos, medical or police records, membership cards
• Country-condition evidence, including the IRB’s National Documentation Packages
• Translations by a qualified translator for anything not in English or French

Step 4 — The hearing at the RPD

A member of the Refugee Protection Division (RPD) hears your claim, usually by video or in person. You will answer questions about your identity, your story and your fear of return. Your representative can present evidence, question you and make submissions.

Step 5 — The decision and appeals

If the RPD accepts your claim you become a protected person and can apply for permanent residence. If it is rejected, you may be able to appeal to the Refugee Appeal Division (RAD). Deadlines are short: the notice of appeal is generally due 15 days after you receive the written reasons, and the full appeal record within 30 days. Some claimants do not have access to the RAD, and other options such as Federal Court review, a PRRA or an H&C application may apply.

While you wait

Eligible claimants can usually apply for a work permit and receive health coverage through the Interim Federal Health Program.

Why representation matters

Only lawyers, Quebec notaries and licensed consultants with the IRB specialization (RCIC-IRB) can represent you before the IRB for a fee. Bloomington Immigration Services is led by a licensed RCIC-IRB and works in Farsi and English. Learn about our refugee services or book a confidential consultation.