Canada is internationally recognized for its strong commitment to human rights and has a well-established refugee protection system. In case you fear persecution in your own country and are planning to seek asylum in Canada, it is very important to be aware of the particular procedures and of your rights.
Claiming asylum, or, in legal terms, claiming refugee protection, is requesting Canada to offer you protection because you fear going back to your country of origin, as it would be harmful to your life, freedom or safety. The asylum is granted to the people who can demonstrate that they fear persecution on account of their race, religion, nationality, political opinion, membership in a particular social group, or likelihood of being tortured or subjected to inhuman treatment.
The refugee status application process begins either at a port of entry or through an inland claim.
On Arrival at a Port of Entry
If arriving at an airport, land border, or seaport, declare your intent to seek refugee protection. A CBSA (Canada Border Services Agency) officer will:
Inland (After Entry)
If you are already in Canada via a visa or visitor status, you can file your claim:
You must show you’ve not been issued a removal order and you have valid reasons for requesting protection.
Once your claim is submitted, IRCC or CBSA will conduct an eligibility review. They check:
In case you are eligible, your claim is passed to the Refugee Protection Division (RPD) of the IRB.
You’ll receive a Basis of Claim (BOC) Form, a vital document where you:
File this form within the deadline—usually 15 to 45 days, depending on how and where you claimed.
Your hearing before the RPD is a formal setting where your credibility and claim are evaluated. Preparation steps include:
At the hearing:
Decisions usually take weeks to months. If approved, you are granted a “protected person” status and can apply for permanent residence within Canada. If rejected, you may appeal to the Refugee Appeal Division (RAD) or seek judicial review in the Federal Court. You can also consult with our refugee lawyers in Toronto.
While your claim is processed, you enjoy several legal rights:
Recent developments in 2025 affect asylum applicants:
Pro tip: Acting promptly with professional legal assistance increases your chances of a smooth process and successful outcome.
Countless Canadian organizations offer support—legal, medical, and social:
Navigating the refugee claim process in Canada is complex. Missing deadlines, providing insufficient documentation, or misunderstanding eligibility rules can lead to refusal, even if your case is strong. Accredited legal professionals help you:
Seeking asylum in Canada is a big, high-stakes process that needs clarity, accuracy, and empathy. As laws change, timelines speed up, and eligibility becomes more tightly defined, refugees require an ally familiar with all the human and legal intricacies of the system.
Kurzfeld Law Firm, led by immigration expert Ronen Kurzfeld, brings the deep experience, nuanced insight, and large-scale support structure essential for today’s asylum seekers. Our team:
If you’re contemplating an asylum claim in Canada, Kurzfeld Law Firm stands ready to support your journey to protect your rights, present a powerful case, and help you find safety in Canada.
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