Refugee Claim - ND PARALEGAL SERVICES

What Is a Refugee Claim in Canada?

UNDERSTANDING REFUGEE PROTECTION

A refugee claim — formally called a claim for refugee protection — is a request made to the Canadian government by a person who has arrived in Canada and fears returning to their home country due to persecution, danger, or serious human rights violations.

Refugee claims in Canada are decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB) — an independent administrative tribunal. If the RPD accepts your claim, you are recognized as a “Convention Refugee” or “Person in Need of Protection” and may apply for permanent residence in Canada.

Understanding the Basis of Claim (BOC) Form

The Basis of Claim form is the written foundation of your entire refugee case. It tells your story — why you left your home country, what you fear, what happened to you, and why you cannot return. A weak, incomplete, or inconsistent BOC is one of the most common reasons refugee claims are rejected.

Personal Information & Identity

Your full name, aliases, nationality, date of birth, passport and identity document details, and complete travel history to Canada.

Countries of Claimed Fear

The countries you fear returning to and the specific grounds on which you claim protection — persecution, torture, risk to life, or cruel treatment.

Personal Narrative

The detailed written account of why you fear persecution — what happened to you, who the agents of persecution are, what they did or threatened, and why state protection is unavailable or inadequate.

Why You Cannot Return

Explanation of why you cannot safely return to any part of your home country — rebutting any “internal flight alternative” argument the RPD member may raise.

IMPORTANT TO KNOW

Things Every Claimant Should Understand

Act Immediately

The deadlines in the refugee claim process are strict and short. Missing your BOC deadline or hearing date can result in your claim being declared abandoned. Contact us as soon as your claim is filed or referred to the IRB.

Safe Third Country Agreement

If you entered Canada from the United States at a land border, you may be subject to the Safe Third Country Agreement and ineligible to make a refugee claim at that crossing. Entry at an official port is affected. Contact us to discuss your specific situation.

Keep All Documents

Preserve every identity document, travel document, police report, medical record, and correspondence you have from your home country. These are critical to establishing your identity and supporting your claim.

Right to Appeal

If your RPD claim is rejected, you may have the right to appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the RPD decision. We handle RAD appeals — contact us immediately after receiving a negative decision.

Be Truthful & Consistent

The credibility of your claim depends entirely on the consistency and truthfulness of your BOC narrative, supporting documents, and oral testimony. Any inconsistency — however minor — can damage your case.

Interpreter Available

The IRB provides interpreters for your hearing at no cost. You have the right to have the proceedings conducted in your language. If you require an interpreter for your consultations with us, please let us know when booking.

Frequently Asked Questions

Processing times vary significantly depending on your country of origin, the IRB’s current backlog, and the complexity of your case. In recent years, RPD hearings have generally been scheduled anywhere from several months to over a year after the claim is referred. We will advise you on current timelines during your consultation and help you use the waiting period to build the strongest possible case.

Yes, in most cases. Refugee claimants in Canada are generally eligible to apply for a work permit while their claim is being processed. You may also be eligible for social assistance and access to the Interim Federal Health Program (IFHP) for basic health coverage. We can advise you on these entitlements during your consultation.

If your RPD claim is rejected, you may have the right to appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the written decision. If the RAD also rejects your appeal, you may apply for judicial review at the Federal Court, or apply for a Pre-Removal Risk Assessment (PRRA). Each option has strict timelines — contact us immediately after receiving a negative decision.

Yes. Family members who are in Canada and are part of your household — such as a spouse or common-law partner, and dependent children — can typically be included in your refugee claim as co-claimants. Each person may also have their own individual grounds for protection. We will assess the best approach for your family during your consultation.

You are not legally required to have a representative, but having a qualified paralegal or lawyer significantly increases the quality and strength of your claim. The refugee determination process involves strict deadlines, complex legal standards, detailed written submissions, and a formal hearing before a decision-maker. A skilled representative will prepare your BOC, gather evidence, coach you for the hearing, and advocate for you before the RPD.

A refugee claim is the initial application for protection heard by the Refugee Protection Division (RPD). A refugee appeal is a review of a rejected RPD decision by the Refugee Appeal Division (RAD). The RAD considers whether the RPD made an error in law, fact, or mixed law and fact. We handle both — see our Refugee Appeal page for more information.