Who can make a refugee claim in Canada?
You can make a refugee claim in Canada if you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, or if you face a risk to your life or a risk of cruel and unusual treatment or punishment. You must not have been recognized as a refugee by another country where you could return.
Where do I make a refugee claim in Canada?
You can make a refugee claim at a port of entry when you arrive in Canada, at an inland Canada Border Services Agency office, or at an IRCC office. If you are already in Canada, you must make your claim as soon as possible after you arrive or after becoming eligible.
What is the Basis of Claim form and why is it important?
The Basis of Claim form is the written statement you provide to the Immigration and Refugee Board explaining why you are seeking protection. It is the most important document in your refugee claim. You must submit it within fifteen days of your referral to the IRB. It must clearly describe the persecution you faced and fear.
What happens after I make a refugee claim in Canada?
Your claim is referred to the Refugee Protection Division of the Immigration and Refugee Board. You will receive a date for your hearing. In the meantime, you must submit your Basis of Claim form and supporting evidence. You are generally allowed to work and study in Canada while your claim is pending.
Is legal aid available for refugee claimants in Canada?
Yes. Most provinces provide legal aid to refugee claimants regardless of income. In Ontario, Legal Aid Ontario provides duty counsel at hearings and can refer you to a refugee lawyer. British Columbia, Quebec, and Alberta have similar programs. Contact your provincial legal aid office immediately after making your claim.
What evidence helps support a refugee claim in Canada?
Supporting evidence includes identity documents such as passports and national ID cards, police reports, medical records documenting injuries, news articles about conditions in your country, letters from witnesses, photographs, and country condition reports from organizations like the UN or Human Rights Watch.
What happens if my refugee claim is rejected in Canada?
If the Refugee Protection Division rejects your claim, you may have the right to appeal to the Refugee Appeal Division within fifteen days. You can also apply for a Pre-Removal Risk Assessment before being removed. Each step has strict deadlines that must be met.
What is the Safe Third Country Agreement and how does it affect my claim?
The Safe Third Country Agreement between Canada and the United States generally requires refugee claimants to make their claim in the first safe country they arrived in. It applies at official land border crossings. Claims made inside Canada by air or sea, or by certain categories of claimants such as unaccompanied minors, may be exempt.
How long does the refugee hearing process take in Canada?
The IRB aims to schedule hearings within sixty days of referral for most claimants. Processing times vary by the claimant's country of origin and the complexity of the claim. Receiving a decision from the RPD can take several months to over a year depending on the IRB's current caseload.
How does uplaw.ai help with a refugee claim in Canada?
Tell us your situation, where you are from, and what happened to you in the chat. We help you understand the refugee claim process, identify what evidence to gather, and prepare the narrative for your Basis of Claim form.
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