Overview
Understanding Refugee Protection in Canada
Canada has a proud tradition of providing protection to those fleeing persecution. The refugee determination system allows individuals to claim protection based on a well-founded fear of persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. Canada also protects persons at risk of torture, cruel treatment, or threat to life.
Refugee claims are heard by the Refugee Protection Division (RPD) of the Immigration and Refugee Board. Claimants must demonstrate their fear is genuine and objectively reasonable based on country conditions. The RPD considers documentary evidence about your home country, your personal testimony, and any corroborating evidence supporting your claim.
If your claim is rejected by the RPD, you may appeal to the Refugee Appeal Division (RAD) within 15 days. The RAD can overturn the RPD decision if it finds errors of law, fact, or mixed law and fact. In limited circumstances, you may also be eligible for a Pre-Removal Risk Assessment (PRRA) before deportation.
Our Vancouver refugee lawyers have helped countless individuals and families obtain protection in Canada. We understand the trauma our clients have experienced and approach each case with sensitivity and dedication. From preparing your Basis of Claim form to representing you at your hearing, we are with you every step of the way.
Our Refugee Law Services
- Refugee Claim Preparation & Filing
- Basis of Claim (BOC) Form Drafting
- RPD Hearing Representation
- Refugee Appeal Division (RAD) Appeals
- Pre-Removal Risk Assessment (PRRA)
- Humanitarian & Compassionate Applications
- Federal Court Judicial Review
- Family Reunification for Refugees
- Cessation & Vacation Proceedings Defense
- Travel Document Applications
The Refugee Claim Process
Claim initiation
You can make a refugee claim at a port of entry or an inland IRCC office. You'll receive forms and information about the process and your rights.
Basis of claim
You must submit your Basis of Claim (BOC) form within 15 days. This document tells your story and forms the foundation of your claim.
Document gathering
We help you gather supporting documents—identity documents, country condition evidence, medical/psychological reports, and witness statements.
Rpd hearing
At your hearing, you testify about your experiences and fear of return. We prepare you thoroughly and advocate on your behalf before the RPD member.
Decision & next steps
If accepted, you can apply for permanent residence. If refused, we assess appeal options to the RAD, judicial review, or PRRA.
Frequently Asked Questions
Who qualifies for refugee protection in Canada?
You may qualify if you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You may also qualify as a 'person in need of protection' if you face a risk of torture, cruel and unusual treatment, or threat to your life if returned to your home country. Certain individuals, such as those who have committed war crimes or serious crimes, are excluded from protection.
What is the Basis of Claim (BOC) form and why is it important?
The Basis of Claim form is a detailed written account of why you are seeking refugee protection. You must explain who persecuted you, what happened, why you were targeted, and why you cannot return safely. The BOC is crucial because the RPD member will use it to question you at your hearing. Any inconsistencies between your BOC and testimony can damage your credibility.
How long does the refugee process take in Canada?
Processing times vary. Currently, RPD hearings are typically scheduled within 2-6 months of filing for most claimants. The hearing itself usually takes a few hours to a full day. You may receive a decision at the hearing or in writing within a few weeks. If you appeal to the RAD, add another 4-8 months. Overall, the process from claim to permanent residence can take 2-4 years.
Can I work while my refugee claim is pending?
Yes. Refugee claimants are eligible to apply for an open work permit, which allows you to work for any employer in Canada. You may also be eligible for provincial health coverage and social assistance while your claim is pending. Access to these benefits varies by province.
What happens if my refugee claim is rejected?
If rejected, you have 15 days to appeal to the Refugee Appeal Division (RAD). The RAD reviews for errors without a new hearing in most cases. If the RAD dismisses your appeal, you may seek judicial review at the Federal Court within 15 days. You may also be eligible for a Pre-Removal Risk Assessment (PRRA) or a Humanitarian & Compassionate application before removal.