Refugee Claim Process in Canada

The IRB is Canada’s largest independent tribunal, making fair and impartial decisions on immigration and refugee matters, including hearings for refugee protection, immigration appeals, and detention or admissibility reviews. 

A detention review is a hearing to decide if someone detained by CBSA should remain in custody or be released. Reviews are held promptly and at regular intervals to protect individual rights. 

The IAD hears appeals related to family sponsorship refusals, permanent resident status loss due to residency obligations, and appeals of removal orders issued by the ID or CBSA. 

Yes, but IRB proceedings can be complex. Many applicants choose professional legal representation or advice to improve their chances of a positive outcome. 

Processing times vary depending on the type and complexity of your case. Some urgent matters, like detention reviews, are heard quickly, while appeals may take several months. 

A removal order requires someone to leave Canada. Permanent residents, protected persons, and certain foreign nationals can often appeal removal orders to the IAD, depending on the reason for the order. 

If you receive a negative decision that affects your ability to remain in Canada, contact an immigration professional immediately. There may be strict deadlines for filing an appeal or requesting a review through the IRB. 

You may be eligible if you fear persecution in your home country due to race, religion, political opinion, nationality, or membership in a particular social group, or if you are at risk of torture, death, or cruel and unusual punishment if returned. 

Essential documents include your Basis of Claim (BOC) form, identification, proof of your story such as police or medical reports, and any supporting evidence relevant to your situation. 

The timeline can vary, but most hearings are scheduled within a few months of submitting your claim. Timely preparation and submission of all documents are crucial for avoiding unnecessary delays. 

Yes, once your claim is referred to the IRB, you may be eligible to apply for a work permit and, in some cases, a study permit, so you can support yourself and your family during the process. 

If your claim is rejected, you may appeal to the Refugee Appeal Division (RAD) or apply for a judicial review in Federal Court, depending on your case circumstances. Additional options include applying for a Pre-Removal Risk Assessment (PRRA). 

You are not required to have legal representation, but working with a licensed immigration consultant or lawyer improves your chances of success and helps you avoid critical mistakes. 

Our trusted immigration team offers comprehensive guidance at every step-conducting detailed eligibility assessments, preparing strong documentation, representing you at hearings, and providing ongoing support until your case is resolved. 

Most individuals whose refugee claim was denied by the RPD may appeal, unless their claim falls under specific exclusions such as receiving a manifestly unfounded decision or being subject to the Safe Third Country Agreement. 

You must file the Notice of Appeal within 15 days of receiving the RPD’s decision and submit all supporting documents within 30 days. Missing these deadlines can result in your appeal not being considered. 

A complete Appellant’s Record is crucial, including a statement outlining errors in the RPD’s decision, all relevant evidence, and explanations for any new evidence presented. 

Yes, the RAD can consider new evidence if it was not reasonably available during your RPD hearing and is relevant to your appeal. 

Outcomes include the RAD allowing your appeal, dismissing it and upholding the original decision, or sending your case back to the RPD for a new hearing. 

If your appeal is dismissed, you may have the option to request judicial review at the Federal Court. It’s important to seek professional guidance in this situation. 

The RAD process is complex and legalistic. Working with a trusted and experienced consultant increases your chances of a successful outcome and ensures your case is managed with attention to deadlines and legal requirements. 

A Group of Five must consist of Canadian citizens or permanent residents who are at least 18 years old and live in the community where the refugee will settle. All members share responsibility for the sponsorship. 

This is an official document issued by the UNHCR or a foreign government confirming the individual’s status as a refugee. It is necessary for eligibility in most G5 sponsorship cases. 

Typically, a Group of Five can only sponsor one principal applicant and their immediate family per application. Separate applications and financial resources are required for additional sponsorships. 

Processing times vary depending on the visa office abroad, completeness of the application, and other factors. It often takes several months to over a year. 

The group must provide sufficient funds to cover housing, food, clothing, and other living expenses for the refugee and their family for the first year or until they are self-sufficient. 

All group members are jointly responsible. If one member can’t continue, the remaining members must cover the commitments to ensure ongoing support for the sponsored refugee. 

Our accredited team provides comprehensive legal support, helps with settlement planning, and guides your group through every stage—from eligibility assessment to submitting a compliant application—ensuring you have the clarity and confidence needed for success. 

Anyone in Canada who has been granted protected person or Convention refugee status by the IRB or IRCC is eligible to apply for a Refugee Travel Document.
 

No, you should not travel to the country you fled. Doing so may risk your protected status and could lead to cessation (loss) of your refugee or protected person status in Canada.  

Refugee Travel Documents are generally valid for up to five years for both adults and children.  

You will need proof of protected status (e.g., Notice of Decision), identity documents, and passport-sized photos. Additional documents may be required if applying for a child or if your guarantor is not well-acquainted with you.  

You may use the document to travel internationally except for your home country. However, many countries still require you to obtain a visa before visiting—even with a Refugee Travel Document.  

Using your home country’s passport may be considered re-availment and could put your protected status at risk, possibly resulting in the loss of refugee protection and permanent resident status.  

Our team provides guidance on documentation, reviews your application for accuracy, and advises on safe travel practices, ensuring your application aligns with legal requirements and your rights are protected.