Understanding the Steps, Procedures, and Decision-Making Process for Refugee Protection Claims
Overview
Canada provides protection to individuals who fear persecution, torture, risk to life, or cruel and unusual treatment or punishment in their home country. Individuals seeking protection may submit a refugee claim and request Canada’s protection under its refugee protection system.
Refugee claims are assessed through a structured legal process involving multiple government agencies and tribunals, including Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), and the Immigration and Refugee Board of Canada (IRB).
This guide explains the refugee claim process from claim submission to final decision.
Learning Objectives
After reading this article, you will understand:
- What a refugee claim is
- Who may qualify for refugee protection
- How a claim is submitted
- What happens after a claim is made
- The role of the Refugee Protection Division (RPD)
- Refugee hearings and decisions
- Appeal and post-decision options
What is a Refugee Claim?
A refugee claim is a request for protection made by an individual who believes they cannot safely return to their country of nationality or habitual residence.
Protection may be available to individuals who fear:
- Persecution
- Torture
- Risk to life
- Cruel and unusual treatment or punishment
Each claim is assessed based on its own facts, evidence, and legal merits.
Refugee Protection in Canada
Canada may provide protection to individuals who qualify under refugee protection provisions.
Decision-makers assess:
- Personal circumstances
- Country conditions
- Supporting evidence
- Credibility
- Availability of protection elsewhere
The burden of proof generally rests with the claimant.
Step 1 – Making a Refugee Claim
A refugee claim may be initiated:
At a Port of Entry
Examples:
- Airport
- Land border
- Seaport
or
Inside Canada
Through designated immigration processes.
During the initial stage, authorities determine whether the claim is eligible to be referred for a refugee hearing.
Step 2 – Eligibility Assessment
Government officials assess whether the claim is eligible to proceed.
Factors reviewed may include:
- Identity
- Previous refugee claims
- Criminality issues
- Security concerns
- Existing protection elsewhere
If found eligible, the claim may be referred to the Refugee Protection Division (RPD).
Step 3 – Refugee Protection Division (RPD)
The Refugee Protection Division is part of the Immigration and Refugee Board of Canada (IRB).
The RPD is responsible for determining whether a claimant qualifies for refugee protection.
The Division reviews:
- Written evidence
- Supporting documentation
- Oral testimony
- Country condition evidence
Step 4 – Basis of Claim (BOC)
The Basis of Claim (BOC) Form is one of the most important documents in a refugee claim.
The form generally explains:
- Personal background
- Reasons for seeking protection
- Events that led to the claim
- Fear of return
- Supporting facts
The information provided should be accurate, detailed, and consistent.
Step 5 – Evidence Collection
Claimants are expected to provide evidence supporting their claim.
Examples may include:
Identity Documents
- Passport
- National identity cards
- Birth certificates
Personal Evidence
- Threat letters
- Police reports
- Medical records
- Court documents
Country Condition Evidence
- Human rights reports
- News articles
- Expert reports
- Government publications
Witness Evidence
- Affidavits
- Letters of support
- Statements from witnesses
Step 6 – Refugee Hearing
Most refugee claims proceed to a hearing before a Refugee Protection Division member.
At the hearing:
- The claimant provides testimony
- Questions may be asked
- Evidence is reviewed
- Credibility is assessed
The hearing is often the most important stage of the refugee process.
Factors Considered at the Hearing
Decision-makers may consider:
- Consistency of testimony
- Supporting evidence
- Country conditions
- Credibility
- Availability of state protection
- Internal flight alternatives
- Risk upon return
Each case is assessed individually.
Step 7 – Refugee Decision
After reviewing the evidence, the RPD may issue a decision.
Possible outcomes include:
Claim Accepted
The claimant receives refugee protection.
Claim Rejected
Protection is not granted.
Additional legal options may be available depending on the circumstances.
What Happens After Approval?
Successful claimants may:
✓ Receive protected person status
✓ Apply for permanent residence
✓ Include eligible family members where applicable
✓ Access settlement and support services
What Happens After Refusal?
Depending on the circumstances, options may include:
- Refugee Appeal Division (RAD)
- Judicial Review
- Pre-Removal Risk Assessment (PRRA)
- Humanitarian and Compassionate Application (H&C)
Eligibility for these options varies.
Common Reasons for Refusal
Claims may be refused when:
- Evidence is insufficient
- Credibility concerns arise
- Inconsistencies exist
- Risk is not established
- Adequate state protection exists
- Internal flight alternatives are available
Proper preparation is critical.
Best Practices
Before a refugee hearing:
✓ Review your Basis of Claim carefully
✓ Ensure consistency in all documents
✓ Gather supporting evidence early
✓ Organize documents clearly
✓ Prepare to explain key events
✓ Address gaps in evidence where possible
✓ Seek professional advice when appropriate