A person who is in Canada and fears returning to their country can ask for refugee protection. The claim is decided by the Refugee Protection Division of the Immigration and Refugee Board, an independent tribunal, after a hearing.
These are difficult cases. They turn on whether the decision-maker accepts what the claimant says happened, and they run on deadlines that are short and strictly applied. Nothing on this page should be read as a prediction about any particular claim.
How a claim reaches the Board
A claim can be made on arrival at a port of entry, or from inside Canada. A Canada Border Services Agency officer decides eligibility at a port of entry; an Immigration, Refugees and Citizenship Canada officer decides it for a claim made inland. If the claim is eligible, the officer refers it to the Refugee Protection Division, which then decides it.
Not every claim can be referred. There are circumstances in which a person is not eligible to have a claim heard, and they depend on the individual’s immigration history and how they entered Canada. If there is any doubt about eligibility, that question needs to be dealt with before anything else. IRCC sets out the current position on claiming refugee protection from inside Canada.
The Basis of Claim form
The Basis of Claim form is the single most important document in a refugee claim. It sets out who the claimant is, their history, and what they say happened to them and why they fear returning. Everything that follows, including the questioning at the hearing, is measured against it.
Time limits as published by the Board, checked 20 September 2026
The deadline is not the same for every claimant. For a claim made at a port of entry, the Board states that the form must reach the Refugee Protection Division within 45 calendar days after the day the claim was sent to it. For a claim started inland through the online portal, the Board states that there are 90 days to give the answers and send the documents.
More time can be requested, but the application to extend has to reach the Division at least three working days before the form is due. If the form is not provided, the claimant is called to an abandonment hearing. A claim declared abandoned is not heard, and another claim cannot be made afterwards.
Source: Immigration and Refugee Board, Send your Basis of Claim form. These periods have changed before. Confirm the deadline that applies to your own claim rather than relying on what applied to someone else.
Evidence
Documents supporting a claim have to be sent to the Division in advance. Evidence is to be sent as early as possible and, the Board says, no later than ten days before the hearing. Late evidence is accepted only in special circumstances, on an application, and the member weighs how relevant the document is, whether it says anything new, and whether it could have been provided on time.
In practice this means the evidence has to be identified, obtained, translated where necessary and organized well before the hearing date, not in the week before it. Documents from abroad often take longer to obtain than people expect.
The hearing
A Board member decides the claim. The member normally asks questions first, then counsel for the claimant may ask questions. A representative of the Minister may attend and also ask questions. An interpreter is provided where one is needed. A witness usually waits outside and speaks after the claimant. Most hearings, according to the Board, take less than three hours.
The questioning is detailed, and it is about dates, sequences and specifics. Preparation is not coaching: it is making sure the claimant understands what the hearing is for, what the record already says, and where their account needs to be explained rather than simply repeated.
Credibility and country evidence
Most refused claims are refused on credibility. The member compares what the claimant says at the hearing with the Basis of Claim form, with what was said at the port of entry or in the inland interview, and with anything said in earlier visa or permit applications. Differences between those accounts are put to the claimant, and the answer matters.
Alongside the personal account sits the country documentation the Board maintains and whatever the claimant files. A claim that is personally credible can still fail if the objective evidence does not support the risk described, and a claim with thin personal documents can succeed where the account holds together and fits what is known about the country. Neither outcome can be predicted in advance.
The decision, and what can follow a refusal
The Division sends a written notice of decision with reasons. If the claim is accepted, the claimant becomes a protected person and may then apply for permanent residence. If it is rejected, there may be a further step, but not always.
The Refugee Appeal Division
Where a right of appeal exists, a rejected claimant may appeal to the Refugee Appeal Division. The Board sets the time to file a notice of appeal at 15 days from receiving the Division’s decision, and the appellant’s record must be filed within 45 days of receiving it. Most appeals are decided on the documents and the record of the first hearing, without an oral hearing. The Appeal Division may allow the appeal, reject it, or send the claim back to the Refugee Protection Division for a new hearing.
Not every rejected claimant has an appeal. The Board states that there is no appeal to the Refugee Appeal Division for a designated foreign national; where the claim was withdrawn or abandoned; where the decision says the claim has no credible basis or is manifestly unfounded; where the claim was made at a land border with the United States under an exception to the Safe Third Country Agreement; where the Minister applied to cease or vacate protection and the Division decided that application; and where a claim is deemed rejected because of an extradition order. Whether any of these applies is a question about the specific decision, and it should be checked from the decision itself.
Source: Immigration and Refugee Board, understanding the refugee appeal process.
The Federal Court
Where there is no appeal to the Refugee Appeal Division, or where an appeal has been decided, an application for leave and judicial review at the Federal Court may be available, and a humanitarian and compassionate application is a separate route with its own restrictions. That is a court proceeding, not a further hearing of the claim, and the time limit for starting it is short. It is conducted by a lawyer, or by the applicant personally where the law permits. This practice does not act in the Federal Court and will say so plainly rather than take on work it cannot do.
Representation and legal aid
Syed Javed Hussain is a Regulated Canadian Immigration Consultant, RCIC #R706130, and a Licensed Paralegal of the Law Society of Ontario, #P12776. Both licences permit paid representation before the Immigration and Refugee Board. The work on a refugee file is preparing the Basis of Claim form, identifying and assembling the evidence, preparing the claimant for questioning, and appearing at the hearing.
If you cannot afford to pay for representation, apply to Legal Aid Ontario, which funds refugee matters for people who meet its financial and merit tests. Doing that first costs nothing and is the right step for many claimants.
Common questions
Can I work while my claim is being decided?
A refugee claimant can ask for a work permit as part of the claim, and there is no fee for it. It is not issued until the eligibility decision has been made and the immigration medical examination has been completed and passed, so it is worth starting the medical promptly.
How long does a claim take?
It depends on the Board’s caseload and on what happens in the individual file, and the wait has varied considerably over the years. Current processing information is published by the Board, and that is the figure to rely on. No representative can move a hearing date forward.
Is the hearing public?
No. The Immigration and Refugee Protection Act requires proceedings before the Refugee Protection Division and the Refugee Appeal Division to be held in the absence of the public, although the Division may order otherwise in defined circumstances. If you have a particular concern about who may be present or about the confidentiality of your information, raise it before the hearing rather than on the day.
Do I have to have a representative?
No. A claimant may act for themselves. The Board itself encourages claimants to get professional help with the Basis of Claim form, and whoever assists must be authorized if they are paid.
Discuss your matter
If a deadline is running, say so when you make contact. Bring the documents you were given when the claim was made, any correspondence from the Board, and your identity documents.
Related pages: immigration appeals · humanitarian and compassionate applications · refused applications · about the practice
Last reviewed: 20 September 2026 against Immigration and Refugee Board and Immigration, Refugees and Citizenship Canada material. Time limits and procedures change. This page is general information about the process, not legal advice, and it does not indicate the likely outcome of any claim.