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Canadian Immigration Law Guide - 2026

Refugee Claims in Canada
Complete Guide 2026

Canada's refugee protection system is one of the most sophisticated in the world - but navigating it without legal representation is extremely difficult. This guide explains the refugee claim process from arrival through RPD hearing and RAD appeal.

Updated 2026RPD & RAD ProcessIRPA Protection GroundsLexaltico LLP

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What’s in this guide

Who qualifies for refugee protection
How to make a refugee claim
The Basis of Claim form
The RPD hearing
RAD appeal after a negative decision
Federal Court judicial review
After a positive decision - permanent residence
FAQs

1. Who Qualifies for Refugee Protection in Canada?

Canada's Immigration and Refugee Protection Act (IRPA) provides two types of refugee protection:

Protection Category	Who Qualifies
Convention Refugee (s.96 IRPA)	Person with a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group
Person in Need of Protection (s.97 IRPA)	Person who, if returned to their country, would face a risk to life, cruel and unusual treatment or punishment, or torture

You can claim at a port of entry or from inside Canada, but timing now matters. A claim made more than one year after you first entered Canada, or more than 14 days after crossing the Canada-US land border between ports of entry, cannot be referred to the IRB; instead you may be offered a Pre-Removal Risk Assessment. Get advice before you file.

2. How to Make a Refugee Claim

Make the claim at a point of entry or inland

At the border when entering Canada, or at an IRCC office if already in Canada. You will receive an appointment date and the Basis of Claim (BOC) form.

Complete and file the Basis of Claim form

Your written narrative of why you need protection. This is the most critical document in the entire process - it must be detailed, accurate, and legally sophisticated.

Gather country condition and documentary evidence

Reports from UNHCR, Amnesty International, Human Rights Watch, government country reports. You must establish the general conditions that support your fear.

Prepare your personal evidence

Documents supporting your personal experience: police reports, medical records, news articles about incidents, witness letters, etc.

Attend the RPD hearing

Typically 3-5 hours. You testify under oath and answer questions from the RPD member and a Refugee Protection Officer. Your lawyer presents your case.

3. The Basis of Claim Form

The Basis of Claim form is the most important document in your refugee claim. The RPD member reads it before the hearing and uses it as the framework for questioning. An incomplete, vague, or poorly written BOC can undermine even a legitimate claim. Have a lawyer assist with its preparation.

The BOC must include:

Your personal history - who you are, where you lived, your family situation
What happened to you - the specific incidents of persecution or threat
Why you fear return - what will happen if you go back
Why state protection is inadequate in your country
Why internal relocation within your country is not possible

4. The RPD Hearing

RPD hearings in Toronto are held at 74 Victoria Street. Most hearings are 3-5 hours. The format:

Phase	Description
Opening	The RPD member identifies issues and the legal basis for the claim. Your lawyer can clarify.
Testimony	You testify under oath about your experiences. The RPD member questions you in detail, testing consistency with the BOC.
RPO questioning	A Refugee Protection Officer may question you further, particularly about country conditions and credibility.
Argument	Your lawyer makes submissions on the evidence, country conditions, and applicable legal principles.
Decision	Usually reserved (given later in writing). Oral decisions are given at the hearing in some cases.

Credibility is the central issue in most refugee hearings. Inconsistencies between your BOC and your oral testimony, or between your testimony and documentary evidence, are the most common reasons claims fail. Thorough preparation with a lawyer is essential.

5. The RAD Appeal After a Negative Decision

If the RPD denies your claim, you have 15 days to file a Notice of Appeal with the Refugee Appeal Division (RAD) - and 30 days after receiving the RPD's written reasons to file your full Appellant's Record.

RAD Powers

Review the RPD decision on its merits
Consider new evidence not available at RPD
Confirm, vary, or set aside the RPD decision
Substitute its own decision for the RPD's

What to Argue

Errors in the RPD's credibility assessment
Failure to apply the correct legal standard
Failure to consider relevant evidence
New evidence of changed country conditions

Treat the 15-day deadline as fixed. The RAD can extend it only for reasons of fairness and natural justice, and an extension is never guaranteed. Contact a lawyer immediately after a negative RPD decision.

6. Federal Court Judicial Review

If the RAD also denies the claim, you can apply to the Federal Court for judicial review within 15 days of the RAD decision. The Federal Court does not rehear the evidence - it reviews whether the RAD made a legal error.

Leave must be granted before a full hearing. Leave is granted only in a minority of cases. Federal Court judicial review is technically complex.

7. After a Positive Decision - Permanent Residence

After a positive RPD decision, you are recognized as a Convention Refugee or Person in Need of Protection. You can apply for:

Protected Person Status

Immediate right to remain in Canada, work authorization, and access to refugee travel document. Your removal cannot be ordered.

Permanent Residence (PR)

Apply for PR as a protected person in Canada using the IRCC protected persons application package. Currently taking 12-24 months to process. PR allows family sponsorship, travel on a Canadian travel document, and a path to citizenship.

8. Frequently Asked Questions

How long does a refugee claim take in Canada?

From claim to RPD hearing, typically 12-24 months in Toronto. If appealed to the RAD, add another 6-12 months. Federal Court judicial review adds additional time. The entire process can take 2-5 years in complex cases.

Do I need a lawyer for my refugee claim?

Not legally required, but the acceptance rate for represented claimants is significantly higher than for unrepresented claimants. The process is complex, the stakes are extremely high, and the BOC form and hearing preparation require professional experience. Lexaltico offers no-obligation initial assessments for refugee claimants.

What happens if the RPD denies my claim?

You have 15 days to appeal to the Refugee Appeal Division (RAD). If the RAD also denies, you can apply for Federal Court judicial review within 15 days. After all appeals, you may also be able to apply for a Pre-Removal Risk Assessment (PRRA) before any removal.

Can I work in Canada while my refugee claim is pending?

Yes. Inland refugee claimants are eligible for an open work permit and can work for any employer in Canada while their claim is pending. Apply as soon as you have filed your refugee claim.

What is the Basis of Claim form?

The BOC is your written personal statement explaining why you need protection in Canada. It is the foundation of your entire refugee claim and the framework for your RPD hearing. Have a lawyer help you prepare it - errors and omissions in the BOC are the most common reason strong claims fail.

Need Help With a Refugee Claim?

Our Toronto immigration lawyers represent refugee claimants at every stage - BOC preparation, RPD hearings at 74 Victoria Street, RAD appeals, and Federal Court judicial reviews. No-obligation initial assessment.

Speak With an Immigration Lawyer →

Refugee Claims in CanadaComplete Guide 2026