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How to Claim Refugee Status in Canada

You claim refugee status in person at a Canadian port of entry, or from inside Canada, starting online in the IRCC Portal and then at an in-person appointment. An officer checks eligibility under IRPA s.101. If the claim is eligible, the Immigration and Refugee Board holds a hearing and decides.

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Who does Canada protect as a refugee?

IRPA protects two classes of people: Convention refugees (IRPA s.96) and persons in need of protection (IRPA s.97).

The persecution can come from the state (government) or from others, such as a gang, a militia, or family members, but IRCC says you have to prove that the authorities in your country can't or won't protect you. The IRB looks at whether your fear is genuine and whether there is a reasonable basis for it in current country conditions. IRCC also says you may have to show you can't safely live in another part of your country (often called an internal flight alternative).

The IRB's claim process asks you to collect evidence and send it to the IRB before your hearing. Membership in a particular social group means a personal characteristic you cannot change. The IRB gives gender and sexual orientation as examples.

Section 97 provides protection to persons who, if returned to their country, would personally face:

  • Danger of torture within the meaning of Article 1 of the Convention Against Torture (s.97(1)(a)).
  • Risk to life or risk of cruel and unusual treatment or punishment (s.97(1)(b)).

Section 97 does not require a nexus (link) to one of the five Convention grounds, but it requires a personalized risk rather than a generalized risk faced by everyone in a country. The same hearing assesses both, so you do not choose one over the other.

The rule

A Convention refugee has a well-founded fear of persecution for race, religion, nationality, membership in a particular social group or political opinion, and is outside their country and unable or, because of that fear, unwilling to seek its protection.

IRPA s.96Verify on justice.gc.ca(opens in a new tab)

How does the Safe Third Country Agreement apply?

The Canada-US Safe Third Country Agreement (STCA) requires refugee claimants to seek protection in the first safe country they arrive in, either Canada or the United States.

IRCC lists four types of STCA exceptions.

  • Family member exceptions, for a family member in Canada such as a spouse, child, parent, sibling, grandparent, aunt or uncle. That family member is a citizen, permanent resident, protected person, accepted refugee, holder of a work or study permit, or an adult whose claim was referred to the IRB.
  • The unaccompanied minors exception.
  • Document holder exceptions, for example a valid Canadian visa other than a transit visa, a work permit or a study permit.
  • Public interest exceptions: people charged with or convicted of an offence that could bring the death penalty in the US or another country.

Which claims are ineligible under IRPA s.101?

IRPA s.101 sets out who is ineligible to make a refugee claim in Canada. A claim generally cannot be referred to the IRB if the claimant:

  • Has been recognized as a Convention refugee in another country that they can return to.
  • Came to Canada from a safe third country designated by regulation (currently the US under the STCA, with exceptions).
  • Has made a previous refugee claim in Canada that was rejected, found ineligible, withdrawn, or abandoned.
  • Is inadmissible on grounds of security, human or international rights violations, serious criminality, or organized criminality.
  • Has already made a claim in a country that shares immigration information with Canada under an agreement (s.101(1)(c.1)).
  • Makes a claim more than 1 year after their first entry into Canada (for first entries after June 24, 2020), under the new Bill C-12 time limit.
  • Entered Canada between official land ports of entry from the US and makes a claim more than 14 days after entry (for claims made on or after June 3, 2025), under Bill C-12.

Under Bill C-12, the one-year limit applies where the first entry was after June 24, 2020, even if the person later left and returned.

What are the steps from claim to decision?

  1. Making the claim

    Claims can be made at a port of entry (with a CBSA officer) or from inside Canada.

  2. Eligibility determination

    CBSA or IRCC reviews whether your claim is eligible to be referred to the Immigration and Refugee Board (IRB) under IRPA s.101.

  3. Completing the claim

    If the claim is eligible, you get a Notice of Application Due Date and have 60 days to complete the claim in the IRCC Portal (your account of who you are and why you need protection). You can get one 30-day extension if you ask before the due date. A claim not completed in time goes to the IRB for abandonment proceedings.

  4. Refugee Protection Division (RPD) hearing

    The RPD is the division of the IRB that hears refugee claims. A single member usually hears the claim (IRPA s.163). You present your claim and your evidence, including any country condition evidence you send to the IRB at least 10 days before the hearing, and you may call witnesses (IRPA s.170).

  5. Decision

    The RPD member accepts or rejects the claim. If accepted, you are recognized as a Convention refugee or protected person and may apply for permanent residence. If rejected, you may appeal to the Refugee Appeal Division (RAD) within 15 days after you receive the written reasons, unless the law bars an appeal.

  6. Appeal: Refugee Appeal Division (RAD)

    The RAD reviews RPD decisions on questions of fact, law, or mixed fact and law (IRPA s.110(1)). Some rejected claimants cannot appeal to the RAD, for example when the RPD finds the claim has no credible basis or is manifestly unfounded (IRPA s.110(2)). Bill C-12 also eliminates the designated countries of origin regime.

  7. Pre-Removal Risk Assessment (PRRA)

    In some cases, a person being removed from Canada may be eligible to apply for a PRRA. You can apply only if the CBSA tells you that you are eligible, and in most cases you must wait 12 months after the last negative decision.

What rights do claimants have while waiting?

The IRB told a Commons committee that, at the end of December 2025, an RPD decision took an average of 24 months from referral, or 17 months from the time a claim was ready for a hearing.

Healthcare
Temporary health coverage through the Interim Federal Health Program (IFHP), until provincial or territorial coverage starts.
Travel
IRCC warns that returning to your home country while the claim is pending can lead to rejection, and the IRB decides claims only while the claimant is in Canada.

Which free tool checks your own case?

Free, with no account. What you enter in a tool stays in your browser.

What do people ask?

Can you claim refugee status in Canada from the US?

Usually not at a land border crossing. Under the Safe Third Country Agreement, a person arriving from the US is generally returned unless an exception applies, such as an unaccompanied minor or a family member in Canada. Since March 25, 2023 the agreement also applies to people who cross between ports of entry and claim less than 14 days after entering. It does not apply to a claim made inside Canada by someone who entered at an airport or in another way the agreement does not cover. IRPA s.101 lists every eligibility rule.

Can you apply for refugee status in Canada from outside Canada?

No. A refugee claim can only be made in Canada or at a Canadian port of entry. People outside Canada are considered through resettlement, such as the Convention refugee abroad class, a separate route with its own rules. You cannot apply for it directly: the UN Refugee Agency (UNHCR), a designated referral organization or a private sponsorship group refers you.

Who can claim refugee status in Canada?

A person in Canada or at a port of entry who fears persecution for race, religion, nationality, political opinion or membership in a particular social group (IRPA s.96), or who faces a personal risk of torture, risk to life or cruel and unusual treatment (IRPA s.97). The claim must also pass the eligibility rules in IRPA s.101. The IRB decides. The Humanitarian and Compassionate guide covers a separate route.

How long after arriving can you claim refugee status in Canada?

Within one year of your first entry, when that entry was after June 24, 2020, under Bill C-12. A person who crossed the Canada-US land border between official ports of entry has 14 days, for claims made on or after June 3, 2025. IRCC says the rules do not apply to unaccompanied minors or to a person who starts the claim online before the one-year cut-off. A late claim is not referred to the IRB. IRCC says people affected still have access to a PRRA, and the CBSA tells each person whether they are eligible to apply.

How long does it take to claim refugee status in Canada?

Making the claim is one step. The decision takes much longer. The Immigration and Refugee Board told a Commons committee that at the end of December 2025 a Refugee Protection Division decision took an average of 24 months from referral, and in October 2025 it said waits would keep growing while its inventory grew. An appeal to the Refugee Appeal Division or a PRRA adds time.

What happens at the border if I say I want to claim refugee status?

A CBSA officer interviews you and decides whether your claim is eligible under IRPA s.101. If it is, you get a Notice of Application Due Date and have 60 days to complete the claim in the IRCC Portal, with one 30-day extension if you ask before the due date. A claim not completed in time goes to the IRB for abandonment proceedings. The completed claim then goes to the IRB's Refugee Protection Division. If the Safe Third Country Agreement applies, you will generally be returned to the US.

How soon can a refugee claimant work in Canada?

Only once a work permit is issued. You can ask for one when you complete your claim application, with no separate application and no fee, and it is issued only after you submit the complete claim and pass the immigration medical exam. IRCC says a person whose claim is ineligible keeps a valid work permit until it expires (a temporary public policy), and a person with a Refugee Protection Identity Document can apply for a work permit, with fees.

Does it cost money to claim refugee status in Canada?

There is generally no government processing fee to make an in-Canada refugee claim. Related steps can have costs, and applying for permanent residence later involves fees. You may also pay for a lawyer. Justice Canada lists seven provinces whose legal aid plans cover immigration and refugee matters, and each plan sets who qualifies.

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Official sources

This page is based on law and policy published by the Government of Canada.

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