Refugees (Inside and Outside Canada)

A person who faces persecution based on race, religion, nationality, political opinion or membership in a particular social group, or who faces a risk of torture, a risk to life, or cruel and unusual treatment or punishment.

Membership in a particular social group covers claims based on gender, sexual orientation and gender identity, among others. Eligibility to have a claim heard is a separate question from whether the claim succeeds, and certain circumstances, including prior claims or the Safe Third Country Agreement, can make a claim ineligible for referral to the Immigration and Refugee Board.

A claim is made either at a port of entry or from inside Canada, screened for eligibility, then referred to the Refugee Protection Division of the Immigration and Refugee Board for a hearing.

The Basis of Claim form, which sets out your account in detail, is central and is subject to a short filing deadline. At the hearing a member assesses credibility and the risk you face. Successful claimants become protected persons and can then apply for permanent residence. Refused claimants may have access to an appeal or to judicial review depending on the circumstances.

It is the written account of who you are, what happened to you and what you fear, and it becomes the reference point against which your testimony is measured.

Inconsistencies between the form and later evidence are the most common reason claims fail on credibility, even where the underlying fear is genuine. It must be complete and accurate from the outset, because material added later invites the question of why it was omitted. The filing deadline is short, which is why claimants benefit from help early rather than after it is submitted.

Claimants can generally apply for a work permit once their claim has been referred and they have completed the required medical examination.

Access to provincial healthcare varies, though the Interim Federal Health Program provides coverage to claimants. Minor children may attend school. These entitlements follow from having a claim in process, and they end if the claim is finally refused, so they should not be treated as settled status.

A refugee claim is made by someone already in Canada or at its border. Resettlement applies to people outside Canada who are referred or sponsored from abroad.

Resettlement runs through two main streams: government-assisted refugees, referred by the UNHCR or another designated organization, and privately sponsored refugees, supported by sponsorship agreement holders, groups of five or community sponsors. You cannot apply to be resettled by approaching Canada directly, which is a frequent point of confusion for families trying to help relatives abroad.

Depending on your circumstances, you may be able to appeal to the Refugee Appeal Division, or seek judicial review at the Federal Court where an appeal is not available.

Deadlines are short and access to the Refugee Appeal Division is restricted for certain categories of claimant. A Pre-Removal Risk Assessment may be available later where circumstances have changed. Because each of these has its own timeline and eligibility rules, a refusal should be reviewed immediately rather than after the removal process has begun.