Claim for Refugee Protection (Residing Within Canada)

There are two ways foreign nationals can claim for refugee protection or refugee status while they are already in Canada.

Apply for Asylum or Refugee Status at a Port of Entry

A port of entry is when you cross over into Canada either:

• By land from the United States of America – then the port of entry is where you cross over;
• By air, when you fly into Canada via an international flight – then the port of entry is the Canadian Airport you first land in; or
• At a seaport when you travel via sea.

On arrival, you will be required to speak to a Canada Border Services Agency (CBSA) officer. You will then be required to declare to the Officer that you intend on making a claim for refugee protection. Next, you will face an Eligibility Interview. Often, you will be asked to complete a Basis of Claim (BOC) form; you may also be asked for fingerprints and that a photograph be taken of you. The Officer may give you the application package and ask you to go to an inland office at a specific date and time, or you may be asked to complete your claim for refugee protection online.

Once satisfied, your application is then referred to the Refugee Protection Division (RPD), a division of the Immigration and Refugee Board (IRB), and a Notice of Hearing is provided to you along with a date, place, and time for such a hearing.

It is your responsibility to make sure that your completed Basis of Claim (BOC) Form, along with all supporting evidence, arrives at the IRB (Immigration and Refugee Board of Canada) no later than 15 days after the date your claim was referred to the Refugee Protection Division (RPD).

At the RPD hearing, a member of the board (the decision-maker) goes through your claim and all supporting evidence in order to decide your claim.

We suggest you speak to one of our experienced Immigration Lawyers in Canada, who can help guide you through the immigration and refugee process.

Apply for Asylum or Refugee Status at an Inland Office

As of September 2022, refugee claims can be filed online. Speak to one of our experienced immigration lawyers, who can assist with your online application.

Once your claim is filed and approved by Immigration, Refugee and Citizenship Canada (IRCC), your claim will then be referred to the Immigration and Refugee Board (IRB). A similar procedure to the one referenced under the port of entry section is thereafter followed.

Succeeding in Your Application for Asylum or Refugee Status

Your refugee claim can succeed only if you can prove that:

• when you return to your home country, there is a well-founded fear of persecution
• you will face torture or cruelty, unusual treatment or punishment

Alternatively, if you can prove that there is a potential risk to your life, then such an application is likely to be successful.

Eligibility

Kindly refer to the CIC website to check if you are eligible to file a claim for refugee protection within Canada.

Safe Third Country Agreement

Canada and the United States of America have entered into an agreement outlining that any person who wants to file a claim for refugee protection must do so in whichever of the two countries they arrive in first. Some exceptions apply, however; for example, If the Claimant’s extended family or close relatives are already settled in Canada, but the Claimant was in transit through the USA, Canada may waive this restriction based on the Claimant’s ties to Canada and subsequently permit an application to be made in Canada.

Professional assistance every step of the way

Edmonton Law Office can provide invaluable assistance to foreign nationals and families seeking a claim for refugee protection or asylum in Canada through the refugee sponsorship programs. We have a very high success rate within Canada refugee claims acceptance. Our immigration lawyers will help you determine your eligibility, gather and prepare the necessary documentation, navigate the various stages of the claim for refugee protection process, and professionally present your case.

With the help of an experienced immigration lawyer at Edmonton Law Office, you can increase your chances of a successful outcome towards obtaining a successful claim for refugee protection in Canada and work towards becoming one of Canada’s Permanent Residents.

Contact us today by phone at (780) 784-6666 or online to schedule a free initial consultation.