What Happens After Filing for Refugee Status in Canada

Learn what to expect after filing for refugee status in Canada, including the process, timelines, hearings, and rights during your claim.

Filing for refugee status in Canada is a significant legal step for individuals fleeing persecution, war, or violence in their home countries. Canada is known for its strong human rights protections and commitment to international refugee law, particularly the 1951 Refugee Convention and the 1984 Convention Against Torture. But while Canada offers a fair process, the refugee determination system is complex and involves several legal and procedural stages.

This article provides a detailed, step-by-step legal breakdown of what happens after you file a refugee claim in Canada.

1. Making the Refugee Claim

You can make a refugee claim in Canada in one of two main ways:

• At a port of entry (airport, seaport, or land border)
• Inside Canada (by submitting an application online to Immigration, Refugees and Citizenship Canada [IRCC])

At the time of your claim, you will need to provide initial information about yourself, including:

• Identity documents (passport, birth certificate, etc.)
• Reasons for fearing persecution
• Whether you’ve claimed asylum in another country (relevant for the Safe Third Country Agreement with the U.S.)

If your claim is accepted for processing, you’ll be considered a refugee claimant, and the legal process officially begins.

2. Eligibility Determination

The Canada Border Services Agency (CBSA) or IRCC will assess whether your claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB).

A claim may be found ineligible if:

• You’ve already been granted refugee protection in another country
• You came to Canada through the U.S. (Safe Third Country Agreement applies)
• You’ve made a previous claim in Canada that was rejected
• You’re inadmissible for serious criminality or security reasons

If your claim is eligible, it is referred to the Refugee Protection Division (RPD) of the IRB for a hearing. At this point, you receive a Refugee Protection Claimant Document (RPCD), which gives you legal status in Canada while your claim is being decided.

3. Filling Out the Basis of Claim (BOC) Form

Once your claim is referred to the IRB, you must submit a Basis of Claim (BOC) Form within 15 days (unless you filed your claim at a port of entry, in which case it may be completed there).

This is one of the most important documents in your case. It outlines:

• Who you are
• Why you’re seeking refugee protection
• Details of your fear of persecution
• Any supporting evidence or documents

Make sure your story is detailed, truthful, and consistent, as it will be compared with your oral testimony at the hearing.

4. Access to Legal Aid and Services

Refugee claimants in many provinces (like Ontario, Quebec, and British Columbia) may be eligible for legal aid, which can cover the cost of hiring an immigration law firm in Toronto or consultant.

You also gain access to:

• Healthcare coverage under the Interim Federal Health Program (IFHP)
• Social assistance
• Work permits (once your claim is referred and you’ve passed medical screening)

These supports help claimants survive and prepare their case while waiting for a decision.

5. Scheduling the Refugee Hearing

Once your BOC is accepted, the IRB schedules your refugee hearing. The timeline is supposed to be:

• Within 60 days for most inland claims
• Faster or slower depending on backlog, complexity, or country of origin

You will receive a Notice to Appear with the date, time, and location (in-person or virtual) of your hearing.

This hearing is your chance to tell your story in front of an RPD Member (a decision-maker), who will assess whether you meet the definition of:

• A Convention refugee (fear of persecution for reasons such as race, religion, nationality, political opinion, or membership in a particular social group).
• A person in need of protection (at risk of torture, death, or cruel and unusual punishment if returned)

6. Preparing for the Hearing

Preparation is crucial. You should:

• Work with a lawyer or immigration consultant to prepare your testimony
• Submit supporting documents, such as:
  
  
  • Medical records
    Police reports
    News articles
    Expert opinions
    
  You must also update the IRB on any changes to your contact information or evidence. You can submit new documents up to 10 days before the hearing.

7. Attending the Refugee Hearing

The refugee hearing is a private, non-adversarial process held by the IRB’s Refugee Protection Division. It typically lasts a few hours and includes:

• Opening questions from the RPD Member
• Your lawyer may ask you questions
• The RPD Member may challenge inconsistencies or ask for clarification
• You may be questioned about your credibility, identity, travel route, or past actions

An interpreter will be provided if needed. In some cases, a Minister’s representative may attend to oppose your claim (especially in security or criminality cases).

8. Receiving the Decision

After the hearing, you may receive a decision:

• Verbally on the spot
• In writing later (usually within a few weeks)

If your claim is accepted:

• You become a protected person
• You can apply for permanent residence
• You may include family members for permanent residency, whether they’re in Canada or abroad

If your claim is rejected:

You may:

• Appeal to the Refugee Appeal Division (RAD) (if eligible), within 15 days of receiving the decision
• Apply to the Federal Court for judicial review
• Submit an Application for Permanent Residence on Humanitarian and Compassionate (H&C) grounds
• Apply for a Pre-Removal Risk Assessment (PRRA) if removal is scheduled

Not all claimants are eligible for appeals or PRRA, depending on their immigration history.

9. Applying for Permanent Residence

Once accepted as a protected person, you can apply for permanent residence. This process involves:

• Filling out the IMM 0008 and other forms
• Background and security checks
• Medical exams
• Paying processing fees

Processing times vary, but once granted, you receive permanent resident (PR) status, leading to the ability to:

• Work and live anywhere in Canada
• Access full social services
• Apply for citizenship after meeting residency requirements (usually 3 out of 5 years)
  

10. Settlement and Integration

Canada offers many services to help refugees integrate:

• Language training (ESL/FSL)
• Employment programs
• Housing assistance
• Mental health services
• Support for children in schools

Many of these are delivered by Settlement Agencies, often funded by the government or non-profits like the YMCA, Catholic Crosscultural Services, or COSTI.

Final Thoughts

Canada’s refugee system is designed to protect those genuinely in need. It offers a clear legal path but requires preparation, honesty, and often legal assistance. Filing a claim is just the start—the outcome depends heavily on how well you present your case and support your claim.

If you’re navigating this process, always consider:

• Getting legal representation
• Staying organized and meeting deadlines
• Telling your story clearly and consistently

Refugee protection in Canada can ultimately lead to a safe, stable, and permanent new life.