Requirements for making a refugee claim in Canada in 2026

Making a refugee claim in Canada is a formal legal process that allows people who fear persecution in their home country to seek protection under Canadian law. The process is managed by Immigration, Refugees and Citizenship Canada (IRCC) and adjudicated by the Immigration and Refugee Board of Canada (IRB).

The process can be initiated at a port of entry when you arrive in Canada or from inside the country if you are already here. It involves submitting specific documents, attending hearings, and meeting strict deadlines. While the steps are clearly defined, missing a deadline or submitting incomplete documentation can seriously affect your claim.

What this procedure is and what it’s for

A refugee claim — formally called a claim for refugee protection — allows a person to remain in Canada if returning to their home country would put them at risk of persecution, torture, or cruel treatment. This protection is grounded in Canada’s obligations under the 1951 Refugee Convention and the Immigration and Refugee Protection Act (IRPA).

It applies to people who are outside their country of nationality or habitual residence and cannot return safely due to race, religion, nationality, political opinion, or membership in a particular social group. It also covers those at personal risk of torture or cruel and unusual treatment.

The two official bodies involved are:

• Immigration, Refugees and Citizenship Canada (IRCC): processes inland claims and coordinates with the Canada Border Services Agency (CBSA) at ports of entry.
• Immigration and Refugee Board of Canada (IRB): the independent tribunal that holds hearings and makes final decisions on refugee claims.

Documents required

The documents you need depend on whether you claim at a port of entry or inland. In both cases, gather as much supporting evidence as possible before submitting.

Identity and travel documents

• Valid passport or travel document (original)
• National identity card (original, if passport is unavailable)
• Any visa or entry permit you hold for Canada (original)
• Birth certificate (original or certified copy; if not in English or French, a certified translation is required)

Supporting evidence of persecution or risk

• Written personal statement explaining why you fear returning to your home country
• Police reports, court documents, or arrest warrants related to your situation (certified translations required if not in English or French)
• Medical records documenting injuries or trauma linked to persecution
• News articles, country condition reports, or affidavits from witnesses
• Photographs or correspondence showing threats or harm

Forms required by IRCC or the IRB

• Basis of Claim (BOC) form: a detailed written account of your claim; this is mandatory and must be submitted within 15 days of referral to the IRB if claimed inland, or at the port of entry
• Schedule A – Background/Declaration form
• Generic Application Form for Canada (IMM 0008) if applicable

All documents not in English or French must be accompanied by a certified translation and a sworn affidavit from the translator. Bring originals whenever possible; the IRB may request them during the hearing.

Steps to complete the procedure

1. Make your claim You can claim refugee protection at a Canadian port of entry (airport, land border, or seaport) or at an IRCC inland office if you are already in Canada. You cannot claim online. If claiming at a port of entry, a CBSA officer will take your information; if inland, book an appointment through the IRCC website at ircc.canada.ca.

2. Eligibility screening CBSA or IRCC will assess whether your claim is eligible to be referred to the IRB. Certain factors — such as having a criminal record or a previous claim in Canada — can make you ineligible. This step typically takes a few days to a few weeks.

3. Submit your Basis of Claim (BOC) form If your claim is referred to the IRB, you must submit the completed BOC form within 15 days (inland claims) or at the time of referral (port-of-entry claims). The BOC is your written account of why you need protection.

4. Attend the refugee hearing The IRB will schedule a hearing before a Refugee Protection Division (RPD) member. You will present your evidence and testimony. You may bring a lawyer or authorized representative. Hearings are currently held in person or by videoconference.

5. Receive the IRB decision The RPD issues a written decision. If accepted, you receive protected person status and can apply for permanent residence. If refused, you may have the right to appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the decision.

Fees and timelines

• Filing a refugee claim: no fee to submit the claim itself
• Applying for permanent residence after acceptance: approximately CAD $1,525 per adult (right of permanent residence fee plus processing fee, subject to change)
• Eligibility decision: days to several weeks after you claim
• IRB hearing date: varies significantly — currently averaging 21 months from referral, though backlogs mean some claimants wait longer
• Protected person status validity: indefinite while in Canada; you must apply for permanent residence to regularize your stay long-term
• Work permit while waiting: you may be eligible for an open work permit once your claim is referred to the IRB; apply through IRCC

Common mistakes and how to avoid them

• Missing the BOC deadline: the 15-day window after referral is strict. Prepare your personal statement as early as possible, even before your eligibility interview.
• Submitting untranslated documents: any document not in English or French must have a certified translation with a sworn affidavit. Submitting originals without translations causes delays or rejection of evidence.
• Providing inconsistent information: your BOC must align with what you told CBSA or IRCC at screening. Inconsistencies in dates, names, or facts are one of the most common reasons credibility is questioned at hearings.
• Not disclosing previous claims or criminal history: failing to disclose a prior refugee claim in Canada or abroad, or a criminal record, can render your claim ineligible. Always disclose fully and let a representative advise you on the implications.

Frequently asked questions

Can I make a refugee claim if I entered Canada irregularly (e.g., crossing at a non-official border point)? Yes. Irregular entry does not automatically bar you from claiming refugee protection, though CBSA will assess your eligibility. The Safe Third Country Agreement with the United States applies at official ports of entry but generally not to irregular crossings, though this area of law has been subject to legal challenges.

Do I need a lawyer to make a refugee claim? You are not required to have legal representation, but it is strongly recommended. The Refugee Protection Clinic and legal aid programs in most provinces offer free or low-cost assistance. Contact your provincial legal aid office for referrals.

What happens to my family members? Family members who are in Canada with you can be included in your claim. Those still abroad cannot be included at this stage but may be able to join you as dependants if your claim is accepted.

Can I travel outside Canada while my claim is pending? Leaving Canada while your claim is pending is strongly discouraged and can result in your claim being abandoned. Speak to a representative before making any travel plans.

What if my claim is refused? You generally have 15 days to appeal to the Refugee Appeal Division (RAD). If the RAD also refuses, further options include a judicial review at the Federal Court, a Pre-Removal Risk Assessment (PRRA), or a Humanitarian and Compassionate (H&C) application — each with its own deadlines and eligibility criteria.

First steps and a note on verification

The most important documents to have ready are your identity document (passport or national ID), your Basis of Claim form, and any evidence directly supporting your fear of persecution. Your first concrete step is to present yourself to CBSA at a port of entry or to an IRCC inland office and formally declare your intention to claim refugee protection.

Requirements, forms, and processing times change. Always verify current procedures directly with Immigration, Refugees and Citizenship Canada (IRCC) at canada.ca/immigration or by contacting the Immigration and Refugee Board of Canada (IRB) at irb-cisr.gc.ca. If you qualify, contact your provincial legal aid program before your first appointment.