I Want to Claim Refugee Status in Canada

You can make a claim for refugee status at a Canadian border or airport, or from within Canada. To be found to be a refugee, you must meet the definition of either a "Convention refugee" or a "person in need of protection".

Convention refugees are people outside their country of nationality or residence who are unable or unwilling to return to that country because of a "well-founded fear of persecution". This means they have a good reason to believe they are in danger and that the authorities in their country will not or cannot protect them. They may fear that they will be harmed because of their race, religion, political opinion, nationality, or membership in a particular social group (such as women or people of a particular sexual orientation).

Persons in need of protection are people who, if returned to their home country or country where they normally live, would face:

• a danger of torture,
• a risk to their life, or
• a risk of cruel and unusual treatment or punishment.

To prove that you are a person at risk if returned to your country, you must show all of the following:

• you are not able to get state protection from your country,
• the risk is specific towards you or your family,
• you face the risk in every part of your country,
• the risk is not the result of punishment for a crime you committed, unless the punishment violates international standards, and
• the risk is not because of lack of adequate medical care.

Refugee claims are decided by the Immigration and Refugee Board of Canada.

If you are detained, ask to speak to immigration duty counsel or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. Duty counsel are lawyers paid by Legal Services Society to assist people in detention at the Canada Border Services Agency's enforcement centre in Vancouver. Duty counsel provide detainees with advice regarding procedures and their legal rights, and may appear on their behalf at detention hearings.

First steps

1. Before you start a refugee claim, you should try to get help from a lawyer or settlement agency:
   • If you cannot afford a lawyer on your own, apply for legal aid. See legal aid representation in the Resource List for information about applying for legal aid or call the Legal aid immigration line at 604-601-6076 or 1-888-601-6076. To qualify for legal aid you must be financially eligible and your refugee claim must have merit.
   • If you do not qualify for legal aid, contact an immigrant settlement agency.
   • Other options for getting legal help include contacting the Law Students' Legal Advice Program or retaining a lawyer or immigration consultant privately.
2. If you are at an airport or at a Canadian border crossing, start your refugee claim by telling a Canadian Border Services Agency officer that you want to make a refugee claim. You will be interviewed by the Canada Border Services Agency and asked to complete immigration forms and provide identity documents.
3. If you are already in Canada, go to a Citizenship and Immigration Canada office to start your claim. To find a list of offices, see Citizenship and Immigration Canada in the Resource List of this Guide. Go to the reception counter and explain that you want to make a refugee claim. You will be asked to fill out immigration forms and provide identity documents.
4. Once your immigration forms are complete, you will be interviewed by an immigration officer. The interview could take place when you first make your claim or you might get an appointment to return for an interview. At your interview, the officer will assess whether you are eligible to make a refugee claim. If you are eligible, your case will be referred to the Immigration and Refugee Board of Canada and you will be given a date for your hearing.

You should complete the immigration forms and answer questions at your interview with the immigration officer carefully and truthfully. The information you provide will be used at your refugee hearing. Keep a copy of the forms for your records.

What happens next

The next step is to prepare for your refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board. Your refugee hearing will be within 30 to 60 days of your being found eligible to make a claim; the timing will depend on the country you are from and whether you made your claim at a port of entry.

At your hearing, a member of the Board will determine whether or not you are a Convention refugee or a person in need of protection. It is up to you to convince the Board that you are at risk if you return to your country. Gather identity documents, police reports, medical records, human rights reports on country conditions and other information to show that your story is true.

If you are found not to be a Convention refugee or person in need of protection, you may be able to apply to the Refugee Appeal Division or the Federal Court of Canada to have the decision in your case reviewed.

After a period of time following a negative decision on your refugee claim from the Immigration and Refugee Board, you may be eligible to apply for a Pre-Removal Risk Assessment. The period of time is 12 or 36 months depending on the country you are from.

Not all people are eligible to make a refugee claim in Canada. For example, people who are not eligible include people who have made a refugee claim in Canada in the past, people who came to Canada from or through a designated safe third country where they could have claimed refugee protection, people who are not admissible to Canada on security grounds, or people who are not admissible to Canada because of criminal activity or human rights violations.

Where to get help

See the Resource List of this Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• The publication "Your Guide to the Refugee Claim Process", which explains the process of seeking refugee protection in Canada. It includes straightforward information about how to start a claim in BC, the overall process, how to fill out the forms for each stage, and where to get legal and other help.
• Settlement agencies such as MOSAIC, which provide a wide range of services to immigration and refugee claimaints. "Your Guide to the Refugee Claim Process" includes a list of settlement agencies.
• Citizenship and Immigration Canada, which has information for Refugee Claims in Canada, explaining who can apply for refugee status from inside Canada, how to apply, and what happens next.
• The Law Students' Legal Advice Program Manual chapter on "Immigration Law".

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, (1) a lawyer's advice to their client, (2) a lawyer's analysis of a legal problem, or (3) the views of an expert on an issue in an action. See "expert evidence" and "opinion evidence."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."