Who is a refugee?
The Canadian government says you are a refugee if you are not safe in your own country. If you go back, you may be harmed or lose your freedom because of who you are or what you believe. You must live somewhere else.
Asking for refugee protection in Canada is called making a refugee claim. Even if you were treated badly in your country or it is a dangerous place, you may not be allowed to stay in Canada. You must show that you are a Convention Refugee or a Person in Need of Protection.
Convention Refugee
To be a Convention refugee, these six sentences must be true for you:
- If I return to my country, I will likely be treated very badly.
- I would be treated badly because of who I am or what I believe.
- I am honestly scared to return.
- I have good reason to be scared to live in my country.
- My government cannot protect me.
- I cannot live safely or reasonably in any other part of the country.
Person In Need of Protection
To be a “person in need of protection”, you must show show that 1 or 2 is true:
1. If I return to my country, the people who have power will likely torture me.
OR
2. If I return to my country, I could die or experience cruel treatment or punishment,
AND
- My government cannot protect me,
- I cannot live safely or reasonably in any other part of the country,
- I am at risk but not everyone in my country has this risk,
- I am not at risk only because my country wants to punish me for doing something that is a crime in Canada, and
- I am not at risk only because of poor health care in my country.
See Understand the Legal Definitions for more information.
Can I make a refugee claim?
If you are fleeing danger or persecution, you can ask for protection in Canada by making a refugee claim at the border or inside Canada. The Canadian government will decide if your refugee claim can be referred to the IRB-RPD. It is important to understand who can make a claim and who can have a hearing. Get legal advice as soon as you can and before you ask for refugee protection.
Who is not eligible
You might not be eligible to have your refugee claim referred to the IRB-RPD if:
- You are a Convention refugee in another country that you can go to.
- You made a refugee claim in the United States, the United Kingdom, Australia, or New Zealand.
- You were already told by Canada that you cannot make a refugee claim.
- You made a refugee claim in Canada that was withdrawn, abandoned, or rejected.
- You have been identified as dangerous or a criminal, or you have broken human rights laws.
- You were already given status in Canada as a protected person.
- You have received a removal order from Canada.
- At a United States-Canada land border, you could not enter because of the Safe Third Country Agreement (STCA).
If you made your claim on or after June 3, 2025:
Due to Bill C-12, there are two more reasons your refugee claim may not be referred to the IRB-RPD. These rules only apply to claims made on or after June 3, 2025.
- You made a claim more than one year after your first entry into Canada (after June 24, 2020), even if you left Canada and came back again.
- You entered Canada between official border crossings and made your claim after 14 days of entering.
This means that if you entered Canada for any amount of time after June 24, 2020, and did not make a refugee claim within one year of your first entry after June 24, 2020, your refugee claim may not be referred to the IRB-RPD. Instead, you may have access to another process called a PRRA. You may still need to initiate a refugee claim in order to have access to a PRRA.
The Safe Third Country Agreement (STCA)
If you enter Canada from the USA, an agreement between Canada and the United States called the Safe Third Country Agreement (STCA) makes it hard to ask for refugee protection. The agreement says that you should make your refugee claim in the first safe country you enter. The STCA will apply to you if you cross into Canada at an official border crossing, or if you enter Canada between official border crossings and you make a refugee claim within 14 days of entering the country.
If you cross into Canada by land, you can only make a refugee claim if:
- You have a family member in Canada.
- You are a child under 19, travelling alone, and you do not have a parent or legal guardian in the United States.
- You have a valid Canadian visa, or a study or work permit.
- You are facing the criminal death penalty in the United States or in your country.
- You are stateless.
- You are a citizen of the United States.
A border official will ask you questions to see if you qualify for one of these exceptions. If you do qualify, you will be allowed to enter Canada. If you do not qualify for one of the exceptions, you might be sent back to the United States. If possible, speak to a lawyer or legal representative about other ways for you to try to stay in Canada.
See Safe Third Country Agreement for more information.
Overview of the refugee claim process
To stay in Canada, you must show the government that you are what Canada calls a refugee. This means you must show you are a Convention Refugee or a Person in Need of Protection. If you have status in more than one country, you must show that you are at risk in each one. You must also show that you are telling the truth about who you are and your story. You do this by gathering evidence and by being honest, clear, and detailed about what happened to you.
Start your refugee claim
The first step in making a refugee claim is to let the Canadian government know you want protection. There are two ways to do this. You must be in Canada.
- If you are inside Canada: complete and submit your online application on the IRCC portal, or
- If you are at the border, airport, or detention centre: tell a CBSA officer that you want to make a refugee claim.
CBSA or IRCC decides if your claim is eligible to be referred to the IRB-RPD. If it is eligible, they send your claim to the IRB-RPD.
If CBSA or IRCC find your claim ineligible for referral to the IRB-RPD, you may be offered a PRRA or be forced to leave Canada, depending on your country of origin.
See claims not eligible for referral to IRB-RPD for more information.
Your refugee claim hearing
You will have a hearing about your claim. At your hearing, a person from the IRB-RPD (a Member) listens to your story and what your witnesses say. They look at your BOC Form, notes from IRCC or CBSA, and anything else that you gave them.
See At Your Refugee Hearing for more information.
After your refugee claim hearing
After your hearing, the IRB-RPD tells you if your refugee claim is accepted. If it is accepted, you can apply to become a permanent resident. If your claim is rejected, you might be able to appeal (ask for a review). Speak to a lawyer or legal representative to find out about your options.
See After Your Hearing for more information.
Claims not eligible for referral to IRB-RPD
What happens if your claim is not eligible for referral to the IRB-RPD
There are several reasons why CBSA or IRCC may decide your refugee claim is not eligible to be referred to the IRB-RPD.
If your claim is found ineligible, you will receive a letter saying your claim is “not eligible to be referred to the Refugee Protection Division.” At your eligibility interview, you will also receive a Refugee Protection Identity Document (RPID).
Changes under Bill C-12 (claims on or after June 3, 2025)
Due to new eligibility rules introduced by Bill C-12, some claims made on or after June 3, 2025 may now be found ineligible, even if they were previously eligible.
If your claim is affected, IRCC or CBSA will contact you.
What happens next if your claim is ineligible
What happens next depends on your removal order status. You will have either an enforceable or an unenforceable removal order.
If you have an unenforceable removal order
If you are from a moratorium country, your removal order cannot be enforced. This means you cannot be removed from Canada, but you also will not be able to apply for a Pre-Removal Risk Assessment (PRRA).
This can leave you in an immigration limbo.
You do not automatically get a work permit. However, you can apply for one after receiving your RPID. You must submit a work permit application and pay a fee. Processing times may be long. Check IRCC’s website for current processing times.
Some people in this situation apply for permanent residence through a Humanitarian and Compassionate (H&C) application. However, processing times may be long. Check IRCC’s website for current processing times.
If you have an enforceable removal order
If your claim is not eligible and you have an enforceable removal order, you will be placed in removal proceedings.
Pre-Removal Risk Assessment (PRRA)
As part of removal proceedings, you may be eligible for a Pre-Removal Risk Assessment (PRRA).
You cannot apply for a PRRA on your own. You must wait to be given a PRRA application by a CBSA officer.
This appointment is usually in person at a CBSA office, but it may also happen online. It may happen soon after your claim is found ineligible or several months later.
See Pre-Removal Risk Assessment (PRRA) for more information.
Work permits during PRRA
If you are waiting to be served a PRRA or have submitted your PRRA within the deadline, you may apply for an open work permit. You must submit a work permit application and pay a fee. Processing times can be long. Check IRCC’s website for current processing times.