To claim refugee protection (asylum) in Canada you must be in Canada or at a Canadian port of entry, you make your claim to an officer of Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA), and if the claim is found eligible it is referred to the independent Immigration and Refugee Board of Canada (IRB) for a hearing. Canada is a signatory to the 1951 UN Refugee Convention and its 1967 Protocol, and the Immigration and Refugee Protection Act (IRPA) Part 2 sets out the system. It protects two classes of people: Convention refugees (IRPA s.96) and persons in need of protection (IRPA s.97). This guide explains who may be eligible, how the Safe Third Country Agreement and the 2026 Bill C-12 time limits affect eligibility, and what the process looks like from claim to decision, with links to official sources. It is educational and does not constitute legal advice. Refugee claims are complex and time-sensitive, so engaging a licensed immigration lawyer or accredited refugee law practitioner is strongly advisable, and an officer or the IRB, not this guide, decides any claim.
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 (for example, a gang, militia, or family members the police will not protect you from). 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 current country conditions). The IRB also generally asks whether you could have moved somewhere else within your own country to be safe (an internal flight alternative) and whether your home state was willing and able to protect you. What this means for you in practice: a claim is built on credible personal testimony plus objective evidence such as identity documents, country-condition reports, news articles, medical or police records, and witness statements. The five Convention grounds are interpreted broadly. Membership in a particular social group, for instance, has been read to include claims based on gender, sexual orientation, gender identity, or family ties.
Person in Need of Protection: IRPA s.97
Section 97 provides protection to persons who, if returned to their country, would personally face:
- ✓ Risk to life Risk to life or risk of cruel and unusual treatment or punishment (s.97(1)(a)); or
- ✓ Danger of torture 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 a nexus (link) to one of the five Convention grounds, but it is narrower in requiring a personalized risk rather than a generalized risk faced by everyone in a country. What this means for you: a claimant can be accepted under either section. The same hearing assesses both, so you do not choose one over the other. If accepted under either, you are a protected person and may apply for permanent residence. Risk that is purely the result of general violence, war, or poverty affecting the whole population, or that arises only from a country being unable to provide adequate health or medical care, generally does not on its own meet the s.97 test.
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, and in 2026 new time-based limits were added. 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, withdrawn, or abandoned
- ✗ Is inadmissible on grounds of security, human or international rights violations, serious criminality, or organized criminality
- ✗ Has had a refugee claim rejected in a country with which Canada has a designated information sharing agreement
- ✗ Makes a claim more than 1 year after their first entry into Canada (for first entries on or 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
New 2026 eligibility time limits (Bill C-12)
On March 26, 2026, Bill C-12 (the Strengthening Canada's Immigration System and Borders Act) received royal assent and became law. It added two time-based eligibility rules. First, a claim is not referred to the IRB if it is made more than one year after the person's first entry into Canada, where that first entry was on or after June 24, 2020, even if the person later left and returned. Second, for people who entered Canada between official ports of entry along the Canada-US land border, a claim is not referred if it is made more than 14 days after entry, for claims made on or after June 3, 2025. Unaccompanied minors are exempt from these new rules. What this means for you: if your claim is found ineligible only because of these time limits, the government has stated that in most cases you can still apply for a Pre-Removal Risk Assessment (PRRA) so that you are not returned to a country where you face persecution, torture, or other serious harm, and a separate public policy has provided access to work permits for some affected claimants. These rules are new and detailed, so confirm how they apply to your situation with an official source or a licensed practitioner.
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 from inside Canada. Inland claims are generally started online through the IRCC Portal. You complete the Basis of Claim (BOC) form, your written account of who you are and why you need protection. If you claim at a port of entry, you generally have a set period (often 15 days, subject to current IRB practice) to submit your BOC form. Accuracy and completeness matter, so legal help at this stage is valuable.
- 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. These are general observations, not a promise: actual timelines change with IRB caseloads and your individual circumstances. Always confirm current expectations through the IRB and IRCC.
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 generally available after other remedies (RAD appeal, Federal Court judicial review) have been exhausted, and it is also a key safeguard for people whose claims are now found ineligible under the new Bill C-12 time limits. A PRRA is not a new refugee claim, it only assesses new risks arising after the original decision. Confirm current PRRA rules on canada.ca.
Does it cost money to claim refugee status in Canada?+
There is generally no government processing fee to make an in-Canada refugee claim itself, which is different from most other immigration applications. However, related steps can have costs, and applying for permanent residence later involves fees. You may also have legal representation costs, although eligible claimants can often access provincial legal aid for immigration matters. Always confirm any current fees on the official IRCC website before you rely on them.
How soon can a refugee claimant work in Canada?+
Eligible asylum claimants may apply for an open work permit while their claim is pending, but you generally cannot work until that work permit is issued. There is usually a medical exam requirement, and processing takes time. A separate public policy has also provided work-permit access to some people whose claims are now ineligible under the 2026 Bill C-12 rules. Eligibility and timing change, so check the current requirements on canada.ca.
What is the difference between a refugee claim and a humanitarian and compassionate (H&C) application?+
A refugee claim under IRPA s.96 / s.97 is about needing protection from persecution or serious risk and is decided by the IRB. A humanitarian and compassionate (H&C) application under IRPA s.25 is a discretionary, exceptional request to the Minister to be allowed to stay or apply from within Canada based on factors like establishment and the best interests of any child affected. They are different processes with different rules: for example, you generally cannot have a pending refugee claim and an H&C application at the same time, and H&C generally cannot rely on the same risk factors assessed in a refugee or PRRA decision. A licensed immigration lawyer or CICC consultant can advise which, if any, fits your situation.
⚠️ 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 circumstances.
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This page is based on law and policy published by the Government of Canada.