Refugee claims

A person who claims at a port of entry must provide the Refugee Protection Division with the Basis of Claim form and documents not later than 15 days after the claim is referred to the RPD; the RPD may extend this for reasons of fairness and natural justice (IRPR 159.8(2)-(3)), and an extension application must be received no later than three working days before the deadline (RPD Rules 8(2)). A person who claims inside Canada other than at a port of entry must provide the BOC and documents to the officer not later than the day the officer determines eligibility (IRPR 159.8(1); RPD Rules 7(1)). Failure to provide the BOC can lead to the claim being declared abandoned.

A claim made inside Canada must be made in person to an officer and must not be made by a person who is subject to a removal order (IRPA 99(3)). IRCC: a claim can be made at any port of entry on arrival (airport, seaport or land border) or, if already in Canada, submitted online through the IRCC Portal (with each claimant's Basis of Claim form and identity documents). Claims outside Canada are made only through refugee resettlement (a visa application), which requires a referral. IRCC announced that changes to the asylum application start November 3, 2026; claims submitted by 11:59 pm ET on November 2, 2026 generally need no new information unless requested.

A Convention refugee has a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside each country of nationality (or former habitual residence if stateless) and is unable or, by reason of that fear, unwilling to avail themself of its protection (IRPA 96). A person in need of protection is a person in Canada whose removal would personally subject them to a danger of torture, or to a risk to life or of cruel and unusual treatment or punishment, where state protection is unavailable, the risk is faced in every part of the country and not generally by others, is not inherent in lawful sanctions, and is not caused by inadequate health or medical care (IRPA 97).

A claim is ineligible to be referred to the Refugee Protection Division if: (a) refugee protection has already been conferred under IRPA; (b) a previous claim was rejected by the IRB; (c) a prior claim was determined ineligible, withdrawn or abandoned (a prior claim found ineligible under the STCA does not count where the person was refused entry to the US without a claim being adjudicated there; IRPR 159.01); (c.1) the claimant previously made a refugee claim in another country and this is confirmed under an information-sharing agreement or arrangement between Canada and that country; or (d) the claimant has been recognized as a Convention refugee by another country to which they can be returned (IRPA 101(1)).

A claim is ineligible if the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of entry (IRPA 101(1)(b.1)); where the claimant entered more than once after June 24, 2020, the one-year period begins on the day after the first entry (101(1.1)). Enacted by the Strengthening Canada's Immigration System and Borders Act (S.C. 2026, c. 4; royal assent March 26, 2026); it does not apply to claims made before June 3, 2025 (the day Bill C-2 was introduced) and applies to claims made from that day onward (S.C. 2026, c. 4, s. 75). A temporary public policy signed May 19, 2026 exempts claimants who were under 18 with no parent or adult legally responsible for them in Canada when they claimed. Ineligible claimants may still access a pre-removal risk assessment.

A claim is ineligible if the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality (IRPA 101(1)(f)). For serious criminality, this applies only where the conviction (in Canada, or abroad for an equivalent) is for an offence punishable by a maximum term of imprisonment of at least 10 years (101(2)). Eligibility consideration is suspended pending an admissibility hearing on those grounds or a court decision on a charge punishable by 10+ years (IRPA 100(2)).

A claimant who comes to Canada from the United States (a designated country) is ineligible (IRPA 101(1)(e); IRPR 159.3) when seeking entry at a land port of entry, or when entering between ports of entry along the Canada-US land border (including waters) and claiming less than 14 days after entry, unless an exception applies (IRPR 159.4). A claim made after the 14-day period by someone who entered between ports of entry is ineligible under IRPA 101(1)(b.2) (claims made on or after June 3, 2025). The STCA does not apply at airports (except persons in transit after a US removal order) or harbour ports. Exceptions (IRPR 159.5-159.6) include: a family member in Canada who is a citizen, PR, protected person or person with a stayed removal; an adult family member with a claim referred to the IRB or holding a work/study permit; unaccompanied minors with no parent/guardian in Canada or the US; holders of a Canadian visa (not transit), TRP, or Canadian travel document; persons visa-exempt for Canada but visa-required for the US; persons refused entry to the US without adjudication; and persons charged with or convicted of a death-penalty offence. Stateless former habitual residents of the US are exempt (159.2). 'Family member' means spouse/common-law partner, legal guardian, child, parent, sibling, grandparent, grandchild, uncle, aunt, nephew or niece (159.1).

A person in Canada who is subject to a removal order that is in force may apply to the Minister for protection (IRPA 112(1)) after being notified by the Department (IRPR 160). A person may not apply if: they are subject to an authority to proceed under the Extradition Act; their claim was found ineligible under the Safe Third Country Agreement (101(1)(e)); or less than 12 months (36 months for nationals of a designated country of origin) have passed since their refugee claim was last rejected, withdrawn or abandoned by the RPD/RAD or since the Federal Court refused leave or dismissed judicial review, or since a previous PRRA was rejected, withdrawn or abandoned; unless the Minister has exempted nationals of their country (IRPA 112(2), (2.1)). Applicants whose claim was rejected may present only new evidence (IRPA 113(a)). Persons inadmissible on security, human rights, organized criminality or serious (10-year) criminality grounds, or excluded under Article 1F, get a restricted PRRA (112(3)). Claimants found ineligible under the new one-year and 14-day rules may access PRRA.

An application received within 15 days after notification shall not be decided until at least 30 days after notification, and the removal order is stayed (IRPR 162, 232). Notification is given when the application form is handed to the person, or seven days after it is mailed to the last address they gave (IRPR 160(4)); IRCC therefore states that the application must be submitted within 15 days if the form and guide are received in person, or 22 days if they are received by mail. A person who has remained in Canada since notification may apply after the 15-day period, but that application does not stay the removal order, and any written submissions must accompany it (IRPR 163). IRCC states that it must receive the complete application before the deadline, or the person will be removed from Canada.