Want to know what happens when someone has no choice other than to leave their country to stay safe? Then read this article to get information. To most people, Canada is a hope that is a land known for its good human rights and willingness to defend the needy. Applying for refugee status in Canada does not only involve paperwork, but it also involves rebuilding a life in a safer environment.

However, it can be challenging when you don’t know how to start the process. Canada Shaws can help you make the immigration process smoother. This article will discuss the criteria for refugee status in Canada and explain the steps for claiming refugee status in Canada or looking for refuge from abroad.

Reports show that 130.8M people were forcibly displaced at the end of 2024, with Canada facing a significant rise in claim volumes that continue to put pressure on the asylum system. This indicates that the nation continues to take an active role in protecting refugees despite the global challenges.

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Who is Eligible to Seek Refugee Status in Canada?

It is important to know who is eligible before filing for refugee status in Canada. To get refugee status in Canada, you have to prove that you cannot go back to your homeland. The Canadian refugee status is provided to ensure that the individual is not harmed, and the procedure is designed to decide whether the applicant truly requires protection. A refugee is an individual who left their country of origin because of the fear of persecution due to factors such as:

Race
Religion
Nationality
Political opinion
Belong to a special category (e.g., LGBTQ+ individuals, women, or ethnic minorities).

Sometimes a refugee claim may not be granted. You might not qualify if you:

Already made a refugee claim in Canada
Have a criminal record
Gave inconsistent or conflicting statements during interviews
Arrived in Canada from some countries, including the United States, under specific conditions

How Do You Make a Refugee Claim Inside Canada?

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If you are already in Canada, you may apply to declare yourself a refugee in Canada at an office of Immigration, Refugees and Citizenship Canada (IRCC) or a port of entry (e.g. airport or border crossing). Here’s the detail:

At a Port of Entry

You will be required to claim refugee status in Canada at the port of entry by either the Canada Border Services Agency (CBSA) or an immigration officer. The officer will ask you to give information concerning your case and why you have a fear of going back to your country. On the initial step, the immigration officer will decide whether your claim is eligible to be heard. They will provide you with a “Basis of Claim (BOC) form”, which you have to submit to the Immigration and Refugee Board (IRB) within 15 days.

At an IRCC office

If you are already in Canada, you will be required to apply through an office of IRCC or online. You will complete the forms with details about your background, reasons for applying, and details of any family members who are included in your claim. Ensure to include all the immediate family members so that they can be in your application.

If you’re applying for refugee status, an immigration consultant in Canada can help guide you through the process and make sure everything is done correctly.

How Do You Make a Refugee Claim Outside Canada?

For individuals who are not in Canada but like to seek refuge, it is possible to make claims in the Canadian visa offices, embassies or consulates. Organizations like the United Nations High Commissioner for Refugees (UNHCR) often refer to these claims.

Refugee Abroad Class Convention

This includes persons who are outside their home country, or the country where they normally live and who cannot return to it because of persecution. They are eligible if they are referred by UNHCR or through a private sponsor.

Country of Asylum Class

This category is for those individuals who have experienced civil wars or human rights abuses, and it is unsafe to stay in their native land.

In every case, there must be evidence that the person cannot safely re-enter their country because of current threats.

Want to learn more about the advantages of living in Canada? Check out the Benefits of Canadian Permanent Residency (PR).

The Refugee Hearing Process

After your claim is found eligible, you will then have a hearing with the Immigration and Refugee Board (IRB). Here’s the complete refugee hearing process:

Preparation of the Hearing

You must present evidence that will help you claim before the Hearing. This may involve individual testimony, medical reports, news reports, or any record of how going back to your country will put you at risk.

The Hearing

At the hearing, an IRB member will listen to your case and will question you about your claim. You may have a lawyer or any legal representative with you during the hearing. In case of need, free interpreter services will be offered to help you understand the proceedings.

Decision

The IRB member will decide after hearing based on the presented evidence. If your claim is accepted, then you will get the status of a protected person and get permission to stay in Canada.

If you’re planning to become a Canadian citizen, make sure to read Canadian Citizenship Test 2025: How to Pass on Your First Try.

What Happens After the Hearing?

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The hearing may result in the following outcomes:

If Your Claim is Accepted

If your claim is accepted by the IRB, that means you will be granted the status of protection. This will enable you to stay in Canada and apply for permanent residency. You can also apply for a work permit as your permanent residency application is being processed.

As of October 2024, more than 255,000 work permits were approved, and 2,600 work permits were granted each week on average. It is a 272% increase over the 4 weeks preceding the policy change in November 2022.

If Your Claim is Rejected

When you are denied refugee status in Canada, you might follow a review of the decision or have it reviewed in the Federal Court. This can provide you with a second opportunity to present your case.

How Canada Shaws Can Help You

Canada Shaws is your trusted partner when going through the Canadian immigration process. With a team of Regulated Canadian Immigration Consultants (RCICs), we offer step-by-step support according to your specific situation.

We also make sure that you are well supported when you are applying for the work permits, study visas or permanent residency applications. Book a free consultation today and be sure to move forward with your new life in Canada.

Conclusion

Applying for refugee status in Canada can be quite difficult and time-consuming, but it is worth it for those who need protection. When you know the process, such as applying for refugee status from inside Canada or outside and seeking professional assistance where it is required, you have a better chance of a successful claim.

You do not have to pass through this process by yourself. Through the assistance of CanadaShaws, you will have the confidence that your claim will be handled carefully and professionally. Book a free orientation today and take the first step towards a brighter future in Canada.

Frequently Asked Questions

What is refugee status in Canada?

Canada offers refugee status to those people who are unable to go back to their home country as a result of fear of being persecuted because of their race, religion, nationality, political opinion, or membership in a specific social group.

How can I apply for refugee status in Canada?

You may apply for refugee status in Canada by either claiming it at a port of entry or claiming it at an IRCC office if you are already in Canada. This involves filing your claim, attending a hearing, and providing the evidence of your persecution.

Can a US citizen claim refugee status in Canada?

As a rule, United States immigrants are unable to apply for asylum at the Canadian-United States border. There is a policy agreement between Canada and the United States that imposes a claim on people in the first safe country where they arrive. This is referred to as the Safe Third Country Agreement (STCA).

What are the requirements for refugee status in Canada?

To be considered a refugee in Canada, you must prove a fear of persecution and meet the legal requirements as defined by both Canadian law and international conventions.

What happens when you claim refugee status in Canada?

When you submit a claim in Canada, the IRB will evaluate your claim. You will go through a hearing procedure, where you have to prove the evidence of persecution, and you will either be granted protection or expelled from Canada.

What countries can claim refugee status in Canada?

Any individual, irrespective of country of origin, may apply to be a refugee in Canada if they are persecuted. Applicants are not limited in terms of nationality, but international agreements may impose further criteria or procedures on applicants.

How can I check my refugee status in Canada?

Contact Immigration, Refugees and Citizenship Canada (IRCC) or the Immigration and Refugee Board (IRB). You can also access your online IRCC account, where you can keep track of your application status and any updates.