Is making a refugee claim in Canada right for you?

The Refugee Protection Division hearing

The Basis of Claim form is the most important document in the file. It sets out, in the claimant’s own words, who they are, what happened to them, what they fear if returned, and why the state is unable or unwilling to protect them. The form must be supported by documentary evidence, identity documents, country condition reports, medical records, witness statements, or any other proof relevant to the case.

At the hearing, a member of the RPD reviews the file, hears testimony from the claimant, and may question the evidence. The Minister of Public Safety or the Minister of Immigration may participate as a party in some hearings. Hearings are normally held in private and decisions are based on the evidence and on the legal standard applicable to each category.

There is no guarantee of approval. Decisions rest entirely with the RPD and depend on the credibility of the claimant, the consistency and weight of the evidence, and how the claim fits within the legal definitions. Backlogs at the IRB are significant; processing can take years from referral to decision.

Bill C-12: new eligibility rules in 2026

Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent on March 26, 2026. It introduced two new eligibility bars that apply to all refugee claims made on or after June 3, 2025, including claims that had already been referred to the RPD. Claims caught by these bars are not heard by the RPD; they are redirected to the Pre-Removal Risk Assessment.

One year bar from first entry into Canada

A refugee claim cannot be referred to the IRB if it is filed more than one year after the claimant’s first entry into Canada after June 24, 2020. The bar applies regardless of whether the claimant has since left Canada and returned. There is no exception based on changed circumstances in the country of origin.

14 day bar at the Canada/US land border

A refugee claim cannot be referred to the IRB if the claimant entered Canada from the United States between official ports of entry (anywhere along the border, including rivers, lakes, and other waterways) and made the claim more than 14 days after entry. This bar operates alongside the existing Safe Third Country Agreement.

What happens if a bar applies

A claimant whose claim is barred from referral to the RPD is directed to the Pre-Removal Risk Assessment (PRRA) process administered by IRCC. PRRA assesses risk on similar grounds to a refugee claim but is decided by a single officer on a written application, with no oral hearing in most cases. The legal standard, the evidence required, and the consequences of refusal are different from those of an RPD hearing. PRRA is not equivalent to a refugee claim and offers a narrower form of protection.

If a claim is rejected

A negative decision is not necessarily the end of the process, but the options are limited and most are subject to strict deadlines and narrow legal grounds.

Refugee Appeal Division

Some negative RPD decisions can be appealed to the Refugee Appeal Division (RAD), which is also part of the IRB. The RAD reviews the decision based on the existing record and, in limited circumstances, on new evidence. RAD appeals are not available to all claimants. Exclusions under IRPA section 110(2) include claimants whose claim was found by the RPD to be manifestly unfounded or to have no credible basis, claimants who entered Canada from the United States as an exception to the Safe Third Country Agreement, designated foreign nationals, and claims that were withdrawn or abandoned.

Federal Court judicial review

A claimant whose appeal is refused, or who has no right of appeal to the RAD, may apply to the Federal Court of Canada for leave and judicial review. The Court does not re-hear the claim. It reviews whether the decision was reasonable and whether the process was procedurally fair. The application must normally be filed within 15 days of receiving the negative decision.

Pre-Removal Risk Assessment

A failed claimant may be eligible for a Pre-Removal Risk Assessment when removal becomes imminent. PRRA evaluates whether circumstances have changed since the original decision and whether the claimant would face new risks if removed. PRRA is not a re-hearing of the original claim and the standard is restrictive.

Why hire a Regulated Canadian Immigration Consultant?

Under Canadian law, the only people who can charge a fee to represent a foreign national before IRCC, the CBSA, or the IRB are members in good standing of a Canadian provincial or territorial law society, notaries in Quebec, Regulated Canadian Immigration Consultants (RCICs), and paralegals regulated by the Law Society of Ontario. Representation by anyone outside these regulated professions is illegal. Refugee claims are particularly common targets for unauthorized representatives, and the consequences for the claimant can be severe, including refused claims, removal, and future inadmissibility.

RCICs are licensed, insured, and regulated by the College of Immigration and Citizenship Consultants (CICC), the federal regulator established under the College of Immigration and Citizenship Consultants Act. The CICC sets standards of competence, ongoing training requirements, and a code of professional conduct, and it disciplines consultants who fail to meet them.

Megrez Immigration Consultants has practised since 1996. No representative, lawyer or consultant, can guarantee the outcome of a refugee claim. The decision rests with the RPD, with the RAD on appeal, and ultimately with the Federal Court on review. What a competent representative can do is assess whether the claim has a realistic legal basis, prepare the Basis of Claim form and the evidence to the standard the IRB expects, and represent the claimant at the hearing. If a representative promises an approved claim, that promise is not legitimate.