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Who can make a refugee claim in Canada?
Canada gives protection to people who are in Canada and who are either a Convention refugee (a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group) or a person in need of protection (facing a risk to life, of cruel and unusual treatment, or of torture). These definitions come from sections 96 and 97 of the Immigration and Refugee Protection Act.
Some people are not eligible to have their claim heard, for example because of an earlier claim or the Safe Third Country Agreement with the United States, which has important exceptions. Eligibility should be checked before anything is filed.
How a refugee claim works
- Making the claim. A claim is made either to an officer when you arrive at a port of entry, or from inside Canada online through the IRCC portal.
- Basis of Claim (BOC) form. Your BOC tells your story and is the heart of your case. Strict deadlines apply, so the form should be prepared carefully and on time, with consistent dates, names and details.
- Evidence. Identity documents, proof of what happened to you, and country-condition evidence such as the IRB's National Documentation Packages. Documents not in English or French need certified translations.
- Hearing at the Refugee Protection Division (RPD). A board member hears your testimony. Preparing you for the questions and organising the evidence is a key part of representation.
- Decision and next steps. If your claim is accepted, you can apply for permanent residence as a protected person. If it is refused, an appeal to the Refugee Appeal Division (RAD) may be possible, and the deadlines are short.
How we help
- Reviewing your eligibility and urgent deadlines in your first consultation.
- Preparing your Basis of Claim narrative with you, in your own language, so nothing important is lost in translation.
- Gathering identity, personal and country-condition evidence and arranging certified translations.
- Representing you at the IRB and preparing you for your hearing.
- Appeals to the RAD, pre-removal risk assessments (PRRA) and humanitarian applications where appropriate.
- After a positive decision: permanent residence for protected persons and the one-year window to bring family members you declared.
Deadlines you should never miss
If you have a hearing date, a decision you want to appeal, or a removal order, contact us the same day: (403) 915-4230. Appeal and filing deadlines in refugee matters are measured in days, not months.
Why work with a Tigrinya, Amharic and Arabic speaking consultant?
Many refugee claimants are not comfortable telling their story in English. Small misunderstandings can look like inconsistencies at a hearing. Being able to explain your experience in your own language, to a licensed representative, helps your story be told accurately and completely.
Frequently asked questions
Can an immigration consultant represent me at the IRB?
Yes. Only licensed representatives may charge a fee to represent you. RCICs with the IRB specialization (RCIC-IRB), like Aman Debesay, are authorized by the College of Immigration and Citizenship Consultants to represent clients before the Immigration and Refugee Board.
How long does a refugee claim take?
It varies widely and depends on IRB scheduling and your file. The IRB publishes current information about wait times on its website. We will tell you what to expect for your case.
Can I work while my refugee claim is in process?
Many refugee claimants can apply for a work permit once their claim has been found eligible and they have completed their medical exam. We can check this for you.
What happens if my claim is refused?
Depending on your situation you may be able to appeal to the Refugee Appeal Division, apply for judicial review at the Federal Court (through a lawyer), or apply for a pre-removal risk assessment. Act immediately; the deadlines are short.
This page is general information, not legal advice. Immigration rules, fees and processing times change often; always confirm current requirements on the official IRCC or IRB website, and get advice about your own situation before you apply. No consultant can guarantee the outcome of an application.