Refugee Protection Claim in Canada

# Claiming asylum from within Canada Canada offers asylum (legally known as refugee protection) to people within Canada who can prove they meet the definition of a Convention refugee or person in need of protection. If you are not a refugee

Immigration, Refugees, and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) review asylum claims made in Canada to determine whether they are eligible. If your claim is eligible, IRCC or CBSA sends it to the Immigration and Refugee Board of Canada (IRB). They decide if you meet the definition of a refugee. If your claim is ineligible, you will be referred to the CBSA for removal from Canada. CBSA will tell you if you’re eligible to apply for a pre-removal risk assessment . 1. ## Confirm your claim

If the Immigration and Refugee Board of Canada (IRB) accepts your claim, you get "protected person" status. This means you can stay in Canada, and you can apply to become a permanent resident of Canada. Apply for permanent residence

## Show that you meet the definition of a refugee If your claim was eligible and sent to the IRB, they schedule a hearing with you. During the hearing, you will need to prove that you meet the definition of a Convention refugee or a person in need of protection. ### Convention refugee To meet the definition of a Convention refugee, you must show: * that you are in Canada * that you can’t return to your home country or the country you normally live in because you have a good reason to believe you will be persecuted because of * your race * your religion * your political opinion * your nationality * you belonging to a social group, such as women or people of a particular sexual orientation ### Person in need of protection To meet the definition of a person in need of protection, you must show: * that you are in Canada * that you can’t return to your home country because you will face a * danger of torture * risk to your life * risk of cruel and unusual treatment or punishment * Start a claim online

Marginal note:Ineligibility * 101 (1) A claim is ineligible to be referred to the Refugee Protection Division if * (a) refugee protection has been conferred on the claimant under this Act; * (b) a claim for refugee protection by the claimant has been rejected by the Board; * (b.1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry; * (b.2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations ; * (c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned; * (c.1) the claimant has, before making a claim for refugee protection in Canada, made a claim for refugee protection to a country other than Canada, and the fact of its having been made has been confirmed in accordance with an agreement or arrangement entered into by Canada and that country for the purpose of facilitating information sharing to assist in the administration and enforcement of their immigration and citizenship laws; * (d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country; * (e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or * (f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality. * Marginal note:Paragraph (1)(b.1) — multiple entries (1.1) For the purposes of paragraph (1)(b.1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry. * Marginal note:Termination — processing (1.2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim. * Marginal note:Serious criminality (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless * (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or * (b) in the case of inadmissibility by reason of a conviction outside Canada, the conviction is for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years. * 2001, c. 27, s. 101 * 2012, c. 17, s. 34 * 2019, c. 29, s. 306 * 2023, c. 19, s. 12 * 2023, c. 32, s. 59(F) * 2026, c. 4, s. 73 Previous Version ## Table of Contents

New rules for asylum claims made on or after June 3, 2025 Your claim is ineligible if you made it: * more than 1 year after you first entered Canada * This applies if you entered after June 24, 2020, even if you’ve left since then. * more than 14 days after you entered Canada in between ports of entry along the Canada-US land border Exceptions to these rules Unaccompanied minors are exempt. ### If you enter

The Agreement does not apply to US citizens or habitual residents of the US who are not citizens of any country (“stateless persons”). ## Where the Agreement is in effect The Safe Third Country Agreement applies to refugee claimants who are seeking entry to Canada from the U.S.: * at Canada-U.S. land border crossings * after crossing between ports of entry and making a claim for refugee protection less than 14 days after the day of entry into Canada * by train, or * at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the US and is in transit through Canada after being deported from the US. ## Exceptions to the Agreement Exceptions to the Agreement consider the importance of family unity, the best interests of children and the public interest. There are four types of exceptions: * Family member exceptions * Unaccompanied minors exception * Document holder exceptions * Public interest exceptions Even if they qualify for one of these exceptions, refugee claimants must still meet all other eligibility criteria of Canada’s immigration legislation. For example, if a person seeking refugee protection has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, that person will not be eligible to make a refugee claim. ### Family member exceptions Refugee claimants may qualify under this category of exceptions if they have a family member who is in Canada at the time the claim is made, and: * is a Canadian citizen * is a permanent resident of Canada * is a protected person under Canadian immigration legislation * has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB) * has had his or her removal order stayed on humanitarian and compassionate grounds * holds a valid Canadian work permit * holds a valid Canadian study permit, or * is over 18 years old and has a claim for refugee protection that has been referred to the IRB (Immigration and Refugee Board of Canada) for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB (Immigration and Refugee Board of Canada) or found ineligible for referral to the IRB (Immigration and Refugee Board of Canada).) ### Unaccompanied minors exception Refugee claimants may qualify under this category of exceptions if they are minors (under the age of 18) who: * are not accompanied by their mother, father or legal guardian * have neither a spouse nor a common-law partner, and * do not have a mother, a father or a legal guardian in Canada or the United States. ### Document holder exceptions Refugee claimants may qualify under this category of exceptions if they: * hold a valid Canadian visa (other than a transit visa) * hold a valid work permit * hold a valid study permit * hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or * are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S. (United States)–issued visa to enter the U.S. (United States) ### Public interest exceptions Refugee claimants may qualify under this category of exceptions if: * they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. (United States) or in a third country. However, a refugee claimant is ineligible if he or she has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public. ## Designation of Safe Third Countries

Marginal note:Exception — land border other than ports of entry (1.1) Paragraph 101(1)(e) of the Act applies to a claimant who enters Canada at a location along the Canada – United States land border — including the waters along or across that border — that is not a port of entry and makes a claim for refugee protection less than 14 days after the day on which the claimant enters Canada unless the claimant establishes that any of paragraphs 159.5(a) to (h) applies to the claimant. * Marginal note:In transit exception

### Transitional Provision Marginal note:Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) 75 Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act * (a) do not apply to a claim for refugee protection made before the day on which Bill C-2, introduced in the 1st session of the 45th Parliament and entitled An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures, was introduced; and * (b) apply to a claim for refugee protection made during the period beginning on the day on which that Bill was introduced and ending on the day before the day on which this Act receives royal assent. ### Report

You can claim refugee protection in person to a CBSA officer when you arrive at a port of entry. If an officer cannot immediately decide if your claim is eligible to be referred to the Refugee Protection Division, they will issue you an Acknowledgement of Claim document. This is a temporary document that * confirms you’ve made a refugee claim * shows you’re covered under the Interim Federal Health Program and * may assist if you apply for social services. If you make a claim to the CBSA and they direct you to complete your claim online, you will use the IRCC Portal: portal-portail.apps.cic.gc.ca/signin?lang=en†portal-portail.apps.cic.gc.ca . Refer to www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0192-cbsa-refugee-claims-ircc-portal.html for assistance completing your claim online. You will also have to complete a Basis of Claim form. You may be instructed to mail this form to the IRB, or upload it to the IRCC Portal (for more information, see section 11). CBSA will also notify you of any additional next steps. ### IRCC If you’re already inside Canada, you can claim refugee protection online via the IRCC Portal.

If your claim is incomplete, we will tell you what is missing. If your claim is complete, we will send you: * an “Acknowledgment of Claim” letter to confirm we have received your claim * instructions for getting a medical exam and a Medical Report form (IMM 1017E) * instructions for your in-person appointment, with information related to your claim and an information package that includes: * the Information for Refugee Claimants pamphlet * the Interim Federal Health Program pamphlet (PDF, 304 KB)†publications.gc.ca ## What to expect at your appointment An IRCC immigration officer will interview you to make sure your claim meets the eligibility requirements. They will ask you about: * your background * why you came to Canada * what dangers you face in your home country You and every member of your family claiming asylum will also be asked to provide: * original passports and travel documents * any other identification documents you may have You will receive certified copies of your documents. Your biometrics will be collected. This means that the officer will take scans of your fingerprints (for people over 14 years of age) and photographs of you and every member of your family. Your travel documents will be held by IRCC until a final decision is made on your claim. ## What to expect after your appointment If your claim is eligible, we’ll give you a confirmation of referral letter that shows we sent your claim to the IRB. We’ll also give you a refugee protection identity document (RPID), which confirms who you are and that you made a refugee claim. These documents will help you: * prove you made an asylum claim in Canada * access the Interim Federal Health Program The IRB will schedule a hearing to make a decision on your claim and will decide if you meet the definition of a Convention refugee or a person in need of protection. Learn how to get ready for your hearing†www.irb-cisr.gc.ca (opens in a new tab) . ## If your asylum claim is ineligible

## 5. Immigration Medical Examination As a refugee claimant, you must undergo a mandatory medical exam within 30 days. This is paid for by the IFHP. Only certain doctors may perform these medical exams. Instructions and a link to a list of doctors who do these exams on behalf of IRCC in each province or territory are provided on the IMM 1017 Medical Report form. Please contact a doctor from the list to make an appointment for a medical exam. You must bring the following documents to the appointment: * the IMM 1017 Medical Report form and * your AOC, RPCD, or RPID Please ensure you provide the doctor with your current address. ## 6. Work permit

As an asylum claimant, you have access to healthcare through the Interim Federal Health Program (IFHP), which includes: * hospital services * services from health care professionals * vision and emergency dental care * prescription medications You will also be covered for one Immigration Medical Exam (IME) and any necessary IME-related diagnostic tests. This coverage lasts until you obtain provincial or territorial health insurance or leave Canada. IFHP coverage will be cancelled automatically if you withdraw your claim or if the IRB declares your claim abandoned. Learn more about health care coverage

## 6. Work permit and Social Insurance Number To work legally in Canada, you must have a work permit and a Social Insurance Number (SIN). You can request a no-fee work permit within your online refugee claim application (through the IRCC portal) to work for any employer. The length of time it’s valid will be specified on the work permit. Before IRCC can issue a work permit, the following steps must occur: * a decision on the eligibility of your claim must be made * your immigration medical examination must be completed and passed and * biometrics (fingerprints and photographs) must be taken (see section 8). The proof that you’ve completed your immigration medical exam is the “IME” number, or a copy of the eMedical info sheet (this can be requested from the doctor who performs the examination (see section 4)). If you don’t request a work permit during the refugee claim intake process, you can apply for one online at www.canada.ca/en/services/immigration-citizenship.html . Note: Once the work permit has been issued, it will be mailed to you. It is very important that addresses are kept up to date. To change an address, please use the IRCC Webform†secure.cic.gc.ca . When you get your work permit, you must then apply for a Social Insurance Number. You may use your Acknowledgement of Claim document as part of your application for a SIN. You can do this online, by mail or in person at a Service Canada Centre. Information on the application process can be found at www.canada.ca/en/employment-social-development/services/sin.html . To find a local Service Canada Centre, call 1 800 O-Canada (1-800-622-6232). ## 7. Study permits Anyone under the age of 18 who has made a refugee claim, or who is a dependent child of a refugee claimant, may study at the pre-school, primary or secondary level (up to grade 12) without a study permit. The child’s Acknowledgement of Claim, Refugee Protection Claimant Document, or Refugee Protection Identity Document is required for school registration. A study permit is required for all claimants who intend to study at the post-secondary level (college or university). In order to legally study in Canada, and before a study permit will be issued, an immigration medical examination must be completed and passed. The application for a study permit is available at www.canada.ca/en/services/immigration-citizenship.html . There is no fee for refugee claimants to apply for a study permit. The following documents are required for a study permit application: * a copy of the Acknowledgement of Claim, Refugee Protection Claimant Document, or Refugee Protection Identity Document (see section 9) * proof of acceptance from a Designated Learning Institution * to study in the province of Québec, a Certificat d’acceptation du Québec (CAQ) issued by the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) . For further information on how to obtain a CAQ, visit: https://www.quebec.ca/en/education/study-quebec†www.quebec.ca . ## 8. Biometrics

If you are in Canada and your asylum claim has been rejected, there may still be options for you to legally stay in the country. Find out if you can use any of these options to legally stay in Canada: ## See if you can appeal your decision†www.irb-cisr.gc.ca If you received a negative decision on your asylum claim (legally known as a claim for refugee protection), you may be able to appeal to the Refugee Appeal Division at the Immigration and Refugee Board of Canada. ## Learn about the pre-removal risk assessment If you are told you must leave Canada, you may be able to apply for a pre-removal risk assessment if the Canada Border Services Agency says you are eligible. ## Learn about asking the Federal Court of Canada to review your case Once you have exhausted any appeal rights you are entitled to, you can ask the Federal Court of Canada to review the decision made on your case. ## Find out about applying on humanitarian and compassionate grounds In some exceptional circumstances, some people are allowed to become permanent residents for humanitarian and compassionate reasons. ## Features

## 1. General information: The Government of Canada departments that deal with refugee claims are: * Immigration, Refugees and Citizenship Canada (IRCC) (www.canada.ca/en/services/immigration-citizenship.html ): IRCC determines whether a refugee claim made inside Canada is eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). * The Canada Border Services Agency (CBSA) (www.cbsa-asfc.gc.ca†www.cbsa-asfc.gc.ca ): CBSA determines whether a refugee claim made at a Canadian port of entry (that is, an airport, land border crossing or marine port), or at an inland enforcement office, is eligible to be referred to the Refugee Protection Division. * The Immigration and Refugee Board of Canada (IRB) (www.irb-cisr.gc.ca†www.irb-cisr.gc.ca ): The IRB is an independent body responsible for making immigration and refugee decisions. ## 2. Right to counsel As a refugee claimant, you have the right to be represented by counsel (a lawyer or other professional representative) at your own expense during the refugee claim process. If you cannot afford to pay for counsel, you can apply to a provincial or territorial legal aid office for assistance. The Government of Canada treats everyone equally, whether they use the services of counsel or not. If you do choose to hire counsel, your application will not be given special attention. Information on hiring a representative: www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative.html . Note: Check the local telephone directory or use this link to consult the provincial and territorial legal aid services’ webpages: www.justice.gc.ca/eng/fund-fina/gov-gouv/aid-aide/index.html†www.justice.gc.ca . ## 3. Submitting

## 10. Contact Information All claimants must inform IRCC of any changes in address or contact information. All updates can be completed through the IRCC Webform: secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx†secure.cic.gc.ca by selecting “Change of Contact Information”. Note: Once your claim has been referred to the IRB, you must also advise the IRB of any change in contact information. Instructions on how to do this are included in the IRB’s Claimant’s Guide: www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuide.aspx†www.irb-cisr.gc.ca . ## 11.

Claiming asylum isn’t a shortcut to help you stay in Canada longer. If Canada decides you don’t need protection, you need to leave the country. If you lie on your claim, you could be banned from returning. * * * If you are inside Canada

## Need help? If you need help, you can find answers to your questions by visiting the Help Centre†ircc.canada.ca . There is a Help Centre Q&A†ircc.canada.ca that advises clients what to do if they are having difficulties using the portal. If you can’t access the Internet from home or work, or you don’t have a printer: * ask a friend, family member or community member for help * try a public library or business that provides internet access and printing services * contact a local NGO or community organization that can help refugee claimants If you are inside Canada, the method to submit your refugee claim is online. However, some clients may not be able to submit online for certain accessibility reasons. If you are unable to apply online, please see our website for further information: https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/protection/apply-paper.html Representatives may also contact IRCC through the Immigration Representative email mailbox: IRCC.ImmigrationRepresentatives-Representantsimmigration.IRCC@cic.gc.ca. ## Page details