The Refugee Process
Important — general information, not legal advice Refugee and immigration procedures and deadlines change. This guide is general information only and is not legal advice. Rules, timelines and eligibility change regularly — always confirm current requirements with the official sources linked below, and consult a qualified legal professional about your specific case. If you cannot afford a lawyer, free and low-cost help exists — see Resources & Information.
Credits This page is adapted from Sojourn House’s refugee process guide, which was prepared with information provided by the FCJ Refugee Centre. Steps and deadlines are verified against the IRB Claimant’s Guide — sojournhouse.org does not provide legal advice.
Step by Step
The refugee protection claim process
Who can make a claim
Canada protects people who meet the refugee definition under the Immigration and Refugee Protection Act: a person with a well-founded fear of persecution, or who is at risk of torture, cruel or unusual treatment or punishment, if they return home.
Make your claim
You can make a refugee protection claim in Canada in two ways: at a port of entry (airport, land border or seaport) with a Canada Border Services Agency officer, or inside Canada at an IRCC office by booking an eligibility interview. You do not have to pay any fee to make a refugee claim. Note: the Safe Third Country Agreement applies at some land border points — get advice before travelling to a border.
Eligibility interview
An officer determines whether your claim can proceed. If it is eligible, the claim is referred to the Immigration and Refugee Board of Canada (IRB), an independent tribunal. If you miss an inland eligibility interview, contact IRCC immediately to reschedule.
Basis of Claim form
After referral, you must submit the Basis of Claim (BoC) form by the deadline on your claimant's document — it explains who you are, why you fear returning home, and is the foundation of your case. The IRB's Claimant's Guide explains every form in plain language.
While you wait
Claimants can usually apply for a work permit and study permit after eligibility, access emergency shelter (including Sojourn House), apply for interim health coverage, and connect with a settlement worker. Keep copies of every document in an organized folder — see the checklist below.
Your hearing
Most claimants have a hearing at the Refugee Protection Division (RPD) of the IRB — a private, half-day session where you tell your story, answer questions and present evidence. Deadlines and hearing dates change; confirm your dates on the IRB My Case portal.
The decision
If your claim is accepted, you can apply for permanent residence. If it is rejected, you may have the right to appeal to the Refugee Appeal Division — generally within 15 days of receiving the decision. Some claims cannot be appealed; check with legal counsel.
If you have no right to appeal
Other remedies may exist: a judicial review at the Federal Court (leave must be requested quickly, generally within 15 days), a Pre-Removal Risk Assessment (PRRA), or humanitarian and compassionate grounds. Deadlines are short — get legal advice immediately.
Keep Your Documents Organized
Your claim folder — what to keep together
- Basis of Claim (BoC) form — and a copy of exactly what you submitted
- Port of Entry or immigration interview records
- Refugee Protection Division (RPD) documents: Notice to Appear for a hearing, Conditional Removal Order
- Counsel Contact Information form and Notice of Representation (or waiver)
- Identity documents — passports, birth certificates, national IDs (yours and your children’s)
- Evidence supporting your claim: country condition documents, letters, medical and police reports
- Every correspondence received from the IRB, IRCC and CBSA
Official forms
IRB Claimant’s GuidePlain-language guide to every formOpen guide
Track your case
IRB My Case portalHearings, status and deadlinesOpen portal
Government info
IRCC — Claim refugee protectionOfficial process and eligibilityOpen page
Free legal info
CLEO Steps to JusticeStep-by-step legal informationOpen site
FAQ
Common questions
No. There is no fee to make a refugee protection claim in Canada. Be cautious of anyone demanding payment to “arrange” a claim — and remember that only licensed lawyers and consultants (registered with the College of Immigration and Citizenship Consultants) may charge fees for representation.
Claims are processed differently depending on your country of origin and how you arrived. Some designations (such as Designated Countries of Origin) affect processing times and appeal rights. Because designations change, check your category with counsel or the IRB rather than relying on older materials.
Most claimants can apply for a work permit after their claim is found eligible. Ask a settlement worker or legal clinic about the current process and fees — IRCC updates requirements regularly.
No — Sojourn House is not a legal clinic. We provide shelter, housing and settlement support, and we coordinate with legal services. For legal advice, see the free and low-cost options on our Resources page.
Claiming protection in Toronto?
Sojourn House can provide shelter and settlement support while your claim proceeds.