When someone is already in Canada and realizes they cannot safely return home, the question we hear most is: “Can I apply for refugee protection from here?”
The answer is yes, and for many people, this is exactly how the process begins.
However, seeking refugee status within Canada is not as easy as filling out forms. It is a legal procedure that involves rigorous procedures, time limits, and highly prescriptive rules determined by Immigration, Refugees and Citizenship Canada (IRCC) and adjudicated by the Immigration and Refugee Board of Canada (IRB).
Step 1: Confirm You Are Eligible to Make a Claim
Before anything else, you must be eligible to make a refugee claim in Canada.
You may be ineligible if you:
- Previously made a refugee claim in Canada
- Were already granted refugee protection in another country
- Entered Canada through the U.S. land border (with some exceptions)
- Have serious criminality issues
Eligibility is assessed by IRCC after you submit your application. If you are found eligible, your case is referred to the IRB for a hearing.
Step 2: Submit Your Refugee Claim to IRCC
When applying from inside Canada, you submit your refugee claim online to IRCC through their refugee portal.
You will be asked to provide:
- Identity documents (passport, national ID, birth certificate if available)
- Details about how you entered Canada
- Information about your family members
- Background history, including addresses, employment, and travel
This is not yet where you tell your full story; that comes next.
Step 3: Complete the Basis of Claim (BOC) Form
This is the most important part of your entire application.
Once IRCC refers your claim to the IRB, you will have 15 days to submit your Basis of Claim form.
In this document, you must clearly explain:
- What happened to you in your home country
- Why you fear returning
- Who persecuted or threatened you
- Why your country cannot protect you
The IRB would later compare your testimony to what you are writing here during your hearing. Any discrepancies would hurt your credibility.
We always tell clients: take this step seriously, your case depends on it.
Step 4: Biometrics, Medical Exam, and Interview
After submitting your claim, you may be asked to:
- Provide biometrics (fingerprints and photo)
- Complete a medical exam
- Attend an eligibility interview with IRCC
After being found eligible, your file is duly submitted to the Refugee Protection Division of the IRB.
Step 5: Apply for a Work Permit and Healthcare
While waiting for your hearing, you are allowed to:
- Apply for a work permit
- Access healthcare through the Interim Federal Health Program
This waiting period is also when you should begin gathering supporting evidence for your hearing.
Step 6: Prepare for Your Refugee Hearing
This is where preparation matters most.
You should collect:
- Police reports or complaint records
- Medical or psychological reports
- Witness letters
- Proof of threats or harm
- Country condition documents supporting your fear
The IRB will not rely only on your story. They want to see evidence that supports it.
Step 7: Attend the Refugee Hearing
At the hearing, an IRB decision-maker will ask detailed questions about your story and your evidence.
They are assessing:
- Your credibility
- The consistency of your story
- Whether you meet Canada’s legal definition of a refugee
Claimants find this to be the most stressful aspect on most occasions due to the extent of questioning. It is much better to prepare in advance.
Step 8: Receive the Decision
In case you are accepted, you become a Protected Person and may apply to be made a permanent resident. If refused, other applications or an appeal may be pursued to obtain legal recourse, depending on the circumstances.
Frequently Asked Questions
- Am I entitled to seek refugee protection in case my visa will soon expire?
Yes. You may make a refugee claim in Canada even when you have an expiring status. - Do I need a passport to apply?
No, but any identity papers you possess will be to your benefit. - Can I include my family in my claim?
If they are in Canada, they may be included. If abroad, you can sponsor them after being recognized as a Protected Person. - What is the time required to have a hearing date?
It differs, though, in many cases, a few months or more, depending on the case backlog. - Is it permissible to leave Canada in the process of making a claim?
No. To leave Canada is like forsaking your claim.
Conclusion
Applying for refugee protection from inside Canada is a legal process that requires more than urgency; it requires careful planning, clear documentation, and a strong understanding of how the IRB evaluates cases.
At Kurzfeld Law Firm, we regularly assist individuals already in Canada to prepare detailed, well-structured refugee claims, from drafting the Basis of Claim form to representing clients at their hearings.
If you are in Canada and afraid to return home, getting proper legal guidance early can make a meaningful difference in the strength of your case and your chances of success.
