If you're reading this, you might be in a difficult situation—maybe you've had to leave your home country and you're hoping Canada can offer you safety. I want to start by saying: you're not alone. Canada has a refugee protection system designed to help people who can't go home because of persecution, violence, or serious danger. Let me explain how it works in plain language, the way I'd explain it to a friend. This is one of the most complex and emotionally charged areas of immigration law, so I'll do my best to break it down simply.
Two Main Paths: In-Canada Asylum vs. Resettlement from Abroad
Canada's refugee system has two main arms. First, there's In-Canada Asylum—this is when you make a refugee claim after arriving in Canada, either at the border or once you're already inside. Second, there's Resettlement from abroad—this is when people who are outside Canada (often in refugee camps) get referred by the UN or other organizations and are selected to come to Canada. Most people who find this page are probably thinking about the first path: making a claim once you're here. So I'll focus on that.
Making a Claim at the Port of Entry
If you arrive in Canada at an official border crossing—an airport, a land border, a ferry terminal—you can tell the officer right then that you want to make a refugee claim. You say you're seeking protection. The officer will listen and check whether you're eligible. This includes checking something called the Safe Third Country Agreement, which I'll explain in a moment. It's okay to be nervous. The officer knows this process. Just be honest about why you're seeking protection. You don't need to have all the details perfect on day one, but you do need to be truthful.
What happens next? If your claim is found eligible, you'll be given instructions on what to do—including submitting a crucial document called the Basis of Claim (BOC) form. For port of entry claims, you typically have 15 days to submit this form to the Immigration and Refugee Board. Don't miss this deadline.
Making a Claim Inside Canada (Inland Claims)
Maybe you're already in Canada—on a study permit, work permit, or visitor status—and your situation at home has changed. Or maybe you came in without status. You can still make a refugee claim from inside the country through IRCC's online portal. For inland claims, you submit the Basis of Claim form as part of your initial application—you don't get a separate 15-day window. The process is different from port of entry claims, but the end goal is the same: having your case heard by the Immigration and Refugee Board.
The Basis of Claim (BOC): Your Story Matters
This is the single most important document in your refugee claim. The BOC is where you tell your story: who you are, what happened to you, why you can't go back. Be as detailed and honest as you can. Include dates, names, places. Explain the harm you faced or fear. If you have documents (police reports, medical records, threats, photos), mention them. In my opinion, getting help from a lawyer or a licensed immigration consultant before you fill this out is worth it. This document shapes your entire case. Rushing through it or leaving out important details can hurt you later.
Take your time: Even though there are deadlines, it's better to get it right than to submit something incomplete. If you need more time or help, reach out to a legal aid clinic or a settlement agency. Many offer free or low-cost assistance for refugee claimants.
Convention Refugee vs. Person in Need of Protection
Under Canadian law, there are two main categories for refugee protection. Understanding which one might apply to you helps you frame your story.
Convention Refugee: You have a well-founded fear of persecution in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group. You're outside your country and can't or don't want to go back because of that fear. The persecution has to come from the government or from groups the government can't or won't control. Think of it as: you're being targeted because of who you are or what you believe.
Person in Need of Protection: This is a bit different. It's not about group persecution—it's about personal danger. If you were sent back to your home country, you would face a real risk of torture, a risk to your life, or cruel and unusual treatment or punishment. It's more about what would happen to you personally than about belonging to a persecuted group. Both categories can lead to protection. A lawyer can help you figure out which framing fits your situation best.
The Safe Third Country Agreement (STCA)
This is where things get complicated—and honestly, a bit controversial. Canada and the United States have an agreement: if you're coming from the US and you first landed there, you're generally expected to make your refugee claim in the US, not in Canada. Canada considers the US a "safe third country," so they won't usually let you make a claim at an official Canada–US land border crossing. The agreement was expanded in 2023 to cover the entire land border, including irregular crossings like Roxham Road in Quebec. So if you cross into Canada from the US at an official port of entry, you'll likely be sent back to the US to make your claim there.
Exceptions exist: Some people are exempt from the STCA. If you have a close family member in Canada (spouse, child, parent, sibling, grandparent, etc.), you may be able to make a claim. Unaccompanied minors and certain document holders may also be exempt. The rules are specific—check the current IRCC guidelines or talk to a lawyer to see if an exception applies to you.
What to Expect During the Process
After you make a claim, you'll get a hearing in front of a decision-maker at the Immigration and Refugee Board. You'll be asked questions about your story. It can feel stressful—and it is. But the board is there to listen. They want to understand what happened to you. Preparation helps: review your BOC, think about what questions they might ask, and if you have a lawyer, practice with them. The hearing is usually a few hours. You may get a decision the same day, or you might wait for it in writing.
Why Legal Help Really Matters
I'm going to be blunt here: refugee law is complex. The rules change. The exceptions matter. One wrong step—like missing the BOC deadline—can derail your case. If you can possibly get a lawyer or a regulated immigration consultant who specializes in refugee cases, do it. Legal aid is available in many provinces for people who can't afford a lawyer. Settlement agencies and community organizations can also point you to low-cost or pro bono help. Don't try to do this entirely on your own if you have the option not to.
Practical Advice If You're in This Situation
Keep copies of everything: Your BOC, your receipts, any letters from IRCC or the Board. Store them safely.
Stay in touch with IRCC: If your address changes, update it. If you get a letter or an email, read it and respond by the deadline.
Take care of yourself: This process is emotionally heavy. Many claimants have experienced trauma. It's okay to seek mental health support. Community organizations often offer counselling for refugee claimants.
For families: If you're claiming with family members, make sure everyone's story is consistent. Kids may have their own hearing or be included in yours—the process depends on age and circumstances. A lawyer can explain how your specific family situation will be handled.
A Word of Compassion
If you're reading this because you're considering making a refugee claim, I hope this guide gives you a clearer picture. The system exists to protect people who need it. It's not perfect—there are backlogs, strict rules, and real pressure. But many people do find safety and a new life in Canada through this process. Be honest, get help where you can, and don't give up. You've already shown strength by getting this far.