From Application to Appeal: A Step-by-Step Guide with a Refugee Lawyer

Seeking asylum in Canada is a courageous decision often born out of urgent necessity. While the country offers robust legal protections for refugees, navigating the process from claim to potential appeal can be overwhelming. Each step comes with its own legal requirements, deadlines, and emotional hurdles. That’s why working with a skilled refugee lawyer is not just helpful—it can be vital to a successful outcome.

In this blog, we walk you through the journey of a refugee claimant in Canada, from the initial application to the appeal stage, highlighting how a refugee lawyer supports you at each point.

Step 1: Making a Refugee Claim

Where You Can Apply

You can make a refugee claim either:

At a Canadian port of entry (airport, land border, seaport), or

From within Canada at an Immigration, Refugees and Citizenship Canada (IRCC) office.

Role of the Lawyer

A refugee lawyer begins by assessing your eligibility to make a claim. They’ll review your background, reasons for seeking asylum, and any complications, such as Safe Third Country Agreement implications if you arrived via the U.S.

They also help you complete the Basis of Claim (BOC) form, which is critical to your case. This document outlines why you are seeking protection and must be submitted within 15 days of your claim being referred to the Immigration and Refugee Board (IRB).

Why it matters: Any inconsistencies or omissions in the BOC can damage your credibility later during the hearing. A lawyer ensures your story is clear, truthful, and meets the legal standards of a refugee claim.

Step 2: Gathering Evidence

What’s Required

To support your claim, you’ll need to provide:

Personal identification documents

Medical records (if applicable)

Police reports, news articles, or affidavits

Country condition evidence

Role of the Lawyer

Your lawyer helps you:

Identify what documents you need

Obtain hard-to-get evidence (e.g., through relatives or NGOs in your home country)

Translate and certify documents

Present the evidence in a way that strengthens your case

Why it matters: The IRB assesses whether your fear of persecution is credible and supported by objective facts. A lawyer knows what kind of documentation is most persuasive and how to avoid red flags.

Step 3: Preparing for the Refugee Hearing

The Process

After your claim is accepted for referral, the Refugee Protection Division (RPD) of the IRB schedules a hearing. This hearing is your opportunity to present your story in person and answer questions from the Board Member.

Role of the Lawyer

Your lawyer:

Prepares you thoroughly through mock interviews

Reviews your BOC and ensures your testimony aligns with the facts

Prepares legal arguments and highlights key legal precedents

Attends the hearing with you to represent your case

Why it matters: Refugee hearings are high-stakes. A poorly handled hearing can result in rejection and removal from Canada. A skilled lawyer anticipates challenging questions and ensures your case is presented clearly and confidently.

Step 4: Post-Hearing and Decision

The Outcome

You may receive a decision right after the hearing or in writing within a few weeks. The decision will either:

Grant you refugee protection, allowing you to apply for permanent residence, or

Reject your claim

Role of the Lawyer

Your lawyer will:

Explain the implications of the decision

Advise on next steps if you are successful (e.g., applying for PR, bringing family members)

If rejected, help determine whether there is a basis for appeal or judicial review

Step 5: Appealing a Negative Decision

Your Options

If your claim is denied, you may have the right to:

Appeal to the Refugee Appeal Division (RAD), or

Apply for a Judicial Review at the Federal Court of Canada

However, not all claimants are eligible for an appeal (e.g., those from designated safe countries or claimants barred under certain legal grounds).

Role of the Lawyer

Your lawyer will:

Review the decision to determine if there are appealable errors (e.g., misinterpretation of evidence, unfair process)

File a Notice of Appeal or leave for Judicial Review within the short timelines (15–30 days)

Draft legal submissions and present oral arguments where needed

Why it matters: Appeals are legally technical. Success often depends on a lawyer’s ability to identify procedural or legal errors and argue persuasively within the bounds of administrative law.

Step 6: Stay of Removal and Further Options

If your claim is denied and no appeal is available or successful, Canada may issue a removal order. However, you may still have options:

Pre-Removal Risk Assessment (PRRA): Evaluates danger upon return.

Humanitarian and Compassionate (H&C) application: Considers hardship, establishment, and best interests of children.

Role of the Lawyer

Your lawyer evaluates which, if any, options are viable and prepares detailed submissions on your behalf. They may also request a stay of removal from the Federal Court if your life or safety is at risk.

Final Thoughts

The refugee process in Canada is designed to protect those who genuinely need safety. However, it is not a simple or forgiving system. Technical errors, lack of evidence, or weak testimony can lead to rejection—even when your fear of persecution is real.

Working with a refugee lawyer at each stage ensures that your case is handled with the precision, care, and professionalism it deserves. Whether you’re at the beginning of your journey or facing an appeal, legal guidance could make the difference between protection and return to danger.

Need Expert Help with Your Refugee Claim or Appeal?

At Kurzfeld Law Firm, we specialize in refugee and asylum law. Our experienced team will guide you through every stage of the process—from application to appeal—with compassion and skill. Contact us today for a confidential consultation.