Refugee Protection in Canada: How the Process Works

Refugee protection, also called asylum, is available in Canada for people who cannot safely return to their country because they may meet the legal definition of a Convention refugee or a person in need of protection. A refugee claim is different from an ordinary immigration application and is not simply another way to remain in Canada.

Before the Immigration and Refugee Board of Canada (IRB) decides whether someone needs refugee protection, Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) first determines whether the refugee claim is eligible to be referred to the IRB. If it is eligible, the Refugee Protection Division (RPD) considers the claim and decides whether the claimant meets the applicable legal definition.

The refugee process may involve the Basis of Claim (BOC), identity and travel documents, evidence relating to the events described in the claim, country-condition information and testimony before the RPD. The importance of each document depends on the individual case, and consistency between the written record, supporting evidence and testimony can require careful attention.

If you are still determining whether you can make a refugee claim, review Refugee Claim Eligibility in Canada. If your claim has already been referred to the IRB and you are working on your BOC, evidence or hearing preparation, review BOC & Evidence or Refugee Hearing Preparation. If you need an individualized review of your file, consider a Professional Immigration Case Assessment.