CanadaWhat is the process to claim refugee status in Canada?
To claim refugee status in Canada, you must make a claim at a port of entry or inland office, undergo eligibility screening, and then have your case heard by the Refugee Protection Division (RPD) of the Immigration and Refugee Board.
What the Law Says
Canada’s refugee protection system is governed by the Immigration and Refugee Protection Act (IRPA). It defines who qualifies as a refugee and sets out the process for making and assessing claims.
A person may be recognized as a Convention refugee under IRPA if they have a 'well-founded fear of persecution for reasons of race, religion, nationality, membership in a social group, or political opinion.' This definition aligns with Canada’s obligations under the UN Refugee Convention.
If a refugee claim is refused by the Refugee Protection Division (RPD), the person may still be eligible for a Pre-Removal Risk Assessment (PRRA) — a separate review that assesses whether they would face danger if returned to their home country. A PRRA can only be requested after a negative decision and before removal.
Statutory TextA person is a Convention refugee who has a well-founded fear of persecution for reasons of race, religion, nationality, membership in a social group, or political opinion.
— Immigration and Refugee Protection Act, s. 96 — Convention refugee
Statutory TextA person who has been refused refugee protection may apply for a pre-removal risk assessment.
— Immigration and Refugee Protection Act, s. 112 — Pre-removal risk assessment
What to Do
Make your claim in person at a Canadian port of entry (e.g., airport or land border) or at an inland Immigration, Refugees and Citizenship Canada (IRCC) office.
Undergo eligibility screening by the Canada Border Services Agency (CBSA) or IRCC to confirm you’re not barred from claiming (e.g., due to prior claim, safe third country agreement, or security concerns).
If found eligible, your claim is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB); you’ll receive a hearing date — usually within 90 days.
Attend your RPD hearing, present evidence and testimony, and await a written decision.
If refused, you may request a Pre-Removal Risk Assessment (PRRA) within 14 days of receiving the refusal — unless you’re ineligible (e.g., serious criminality).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.