Canada is a signatory to the 1951 UN Refugee Convention and its 1967 Protocol. The Immigration and Refugee Protection Act (IRPA) Part 2 sets out Canada's refugee protection system, which provides protection to two classes of people: Convention refugees (IRPA s.96) and persons in need of protection (IRPA s.97). This guide explains how the system works, who is eligible, and what the process looks like from claim to decision. It does not constitute legal advice — refugee claims are complex, and engaging a licensed immigration lawyer or accredited refugee law practitioner is strongly advisable.
Grounds for Refugee Protection in Canada
Convention Refugee — IRPA s.96
Section 96 of IRPA defines a Convention refugee as a person who has a well-founded fear of persecution based on one of five grounds:
- ✓ Race
- ✓ Religion
- ✓ Nationality
- ✓ Membership in a particular social group
- ✓ Political opinion
The persecution must be from the state (government) or from groups the state cannot or will not control. A well-founded fear has both a subjective component (the claimant genuinely fears persecution) and an objective component (there is a reasonable basis for the fear in country conditions).
Person in Need of Protection — IRPA s.97
Section 97 provides protection to persons who, if returned to their country, would face:
- ✓ Risk to life or risk of cruel and unusual treatment or punishment (s.97(1)(a)); or
- ✓ Danger of torture under Article 1 of the Convention Against Torture (s.97(1)(b))
Section 97 is broader than s.96 in that it does not require the Nexus to a Convention ground — but narrower in requiring a personalized risk (not generalized risk facing everyone in a country).
The Safe Third Country Agreement (STCA) — What It Means for US Border Crossings
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. Key implications:
- ! At official land ports of entry: A person arriving from the US at an official border crossing who claims refugee status will generally be returned to the US under the STCA unless an exception applies.
- ✓ Exceptions to the STCA include: unaccompanied minors; persons with close family in Canada (spouse, child, parent, sibling who is a Canadian citizen, PR, Convention refugee, or protected person); persons with Canadian death-penalty exception; and persons charged with or convicted of an offence that could result in the death penalty in the US.
- ✓ Expanded STCA (2023): The STCA was expanded in March 2023 to apply at all points of entry along the Canada–US border, including unofficial crossings. Previously, the STCA only applied at official ports. Claims made from inside Canada are not affected by the STCA.
If you are already inside Canada (e.g., entered on a visitor visa, student permit, or work permit), the STCA does not prevent you from making an inland refugee claim. Only border crossings from the US are subject to the agreement.
Eligibility to Make a Refugee Claim — IRPA s.101
IRPA s.101 sets out who is ineligible to make a refugee claim in Canada. A claim 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, withdrawn, or abandoned
- ✗ Is inadmissible on grounds of security, human or international rights violations, or organized criminality
- ✗ Has had a refugee claim rejected in a country with which Canada has a designated information sharing agreement
The Refugee Claim Process: Step by Step
- 1
Making the claim
Claims can be made at a port of entry (with a CBSA officer) or inland (at an IRCC office or Service Canada centre). You fill out the Basis of Claim (BOC) form, which is your written account of why you need protection.
- 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. If eligible, your claim is referred to the Refugee Protection Division (RPD).
- 3
Refugee Protection Division (RPD) hearing
The RPD is the independent tribunal within the IRB that hears refugee claims. Hearings are conducted by a member (decision-maker). You present your claim with supporting evidence, documentation of country conditions, and witness testimony if applicable.
- 4
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.
- 5
Appeal — Refugee Appeal Division (RAD)
The RAD reviews RPD decisions on questions of fact, law, or mixed fact and law. Not all rejected claimants have RAD appeal rights (e.g., claims from Designated Countries of Origin have limited appeal rights).
- 6
Pre-Removal Risk Assessment (PRRA)
If all appeals are exhausted and removal is ordered, claimants may apply for a PRRA, which assesses whether conditions in the country of removal have changed since the RPD/RAD decision.
Timeline and Rights While Your Claim Is Pending
Processing times for refugee claims vary significantly. As of 2026, RPD hearings are scheduled approximately 12–24 months after the claim is referred, depending on claim volume, country of origin, and hearing location.
Rights while your refugee claim is pending:
- ✓ Work permit: Eligible asylum claimants may apply for an open work permit while their claim is pending (subject to eligibility)
- ✓ Healthcare: Access to the Interim Federal Health Program (IFHP) for basic and emergency health coverage
- ✓ Study: Children have the right to attend school; adults may access some educational programs
- ✓ Legal aid: Eligible claimants may access legal aid through provincial legal aid programs for immigration matters
- ! Travel: Claimants generally cannot leave Canada while their claim is pending without significant risk to their status
Frequently Asked Questions
Can I claim refugee status if I entered Canada from the US?+
At official ports of entry, the Safe Third Country Agreement (STCA) generally prevents refugee claims from people arriving from the US — unless an exception applies (unaccompanied minor, Canadian family member, death penalty exception). Since March 2023, the STCA applies at all border crossings including unofficial land crossings. If you are already inside Canada, the STCA does not prevent an inland claim.
What happens at the border if I say I want to claim refugee status?+
A CBSA officer will assess your eligibility under IRPA s.101. If eligible, your claim is referred to the IRB for a hearing. You will complete a Basis of Claim form. If ineligible due to the STCA, you will generally be returned to the US. A CBSA officer at the port of entry can explain your options at the time.
How long does a refugee claim take in Canada?+
IRB Refugee Protection Division hearings are typically scheduled 12–24 months after the claim is referred. Complex claims, RAD appeals, and PRRA applications can extend the overall process to 3–5 years or more. Processing times vary by location and IRB backlogs.
Can I apply for permanent residence while my refugee claim is pending?+
No. You must wait for your refugee claim to be accepted before applying for permanent residence as a protected person. Once accepted, you may apply for permanent residence under the Convention Refugee Abroad Class or Protected Persons in Canada Class.
What is a Pre-Removal Risk Assessment (PRRA)?+
A PRRA is an assessment of whether conditions in your country of origin have changed since your refugee claim was rejected. It is only available after all other remedies (RAD appeal, Federal Court judicial review) have been exhausted. A PRRA is not a new refugee claim — it only assesses new risks arising after the original decision.
⚠️ Refugee law is complex
Refugee claims involve significant procedural requirements and strict timelines. Engaging a licensed immigration lawyer or accredited refugee law practitioner is strongly advisable. This guide explains what the law says — it does not analyze your specific situation.
View Reports → From $49.99Important: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.