Every person is entitled to protection from persecution.
Canada has recognized this basic human right since 1951 when it signed the Convention relating to the Status of Refugees (the Geneva Convention). The right to life, liberty and security of the person is also enshrined in the Canadian Charter of Rights and Freedoms.
Individuals who have fled their home country with a well-founded fear of persecution due to race, religion, social group, political opinion, gender, sexual orientation, or nationality, may be granted refugee protection in Canada.
Individuals who present themselves at a Canadian port of entry, an inland Canada Border Services Agency (CBSA) or Immigration, Refugees, and Citizenship Canada (IRCC) may make an asylum claim. From there, the CBSA or IRCC agent will determine if this individual is eligible to claim asylum. In addition to providing well-founded proof of persecution in their country of origin, those seeking asylum will also undergo biometric, biographic, security and criminality checks before they can be granted refugee status in Canada.
There are many ways that Canadians, their communities and organizations sponsor refugees and help them to resettle into their new life in Canada. These sponsorship programs help refugees find a place to live, provide financial, social, and emotional support, and donate food and clothing as they resettle and adjust to life in Canada.
Groups of Five is a private sponsorship program where five or more Canadian citizens or permanent residents sponsor one or more refugees to resettle within their community. These sponsors must be over the age of 18, and can only sponsor applicants who already hold refugee status in Canada. A semi-private sponsorship program, the Blended Visa Office-Referred Program has private sponsors collaborating with the Government of Canada to sponsor a United Nations Refugee Agency-identified refugee.
Corporations and organizations can also lend a hand at sponsoring refugees as a Sponsorship Agreement Holder, a Community Sponsor for applicants who already have refugee status in Canada, or via the Joint Assistance Sponsorship Program, where organizations partner with the Government of Canada to sponsor refugees with special needs.
To be granted asylum in Canada as a refugee, a person must be outside his or her home country and have a well-founded fear of persecution. According to the Geneva Convention, the fear must not only be well-founded, the persecution must also be based on reasons of race, nationality, membership of a particular social group or political opinion. However, a less restrictive interpretation of the feared persecution may also lead to refugee status.
To make a refugee claim, you
must be in Canada
can’t be subject to a removal order
If you’re outside Canada, you may be eligible to
resettle in Canada as refugee
immigrate to Canada through one of our programs
Your refugee claim may not be eligible to be referred to the IRB if you
are recognized as a Convention refugee by another country that you can return to
were granted protected person status in Canada
arrived via the Canada–United States border
have made a refugee claim in another country, as confirmed through information-sharing
are not admissible to Canada on security grounds or because of criminal activity or human rights violations
made a previous refugee claim that was not found eligible
made a previous refugee claim that was rejected by the IRB
abandoned or withdrew a previous refugee claim
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on
race
religion
political opinion
nationality
being part of a social group, such as women or people of a particular sexual orientation
A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face
danger of torture
risk to their life
risk of cruel and unusual treatment or punishment
Canada has an agreement with the U.S. that says people who want to make a refugee claim must do so in the first safe country they arrive in.
This means, if you enter Canada from the U.S. at a land port of entry, you can’t make a refugee claim in Canada.
Exceptions to the Agreement consider the importance of family unity, the best interests of children and the public interest.
There are four types of exceptions:
Family member exceptions
Unaccompanied minors exception
Document holder exceptions
Public interest exceptions
To make a refugee claim, you need to submit a complete application from inside Canada.
You can apply for refugee status at any port of entry when you arrive in Canada. This means an airport, seaport or land border.
You can ask the officer for the application package when you arrive, if you don’t already have it.
If the officer decides your refugee claim is eligible, they give you
a confirmation of referral letter
This letter confirms that we referred your claim to the Immigration and Refugee Board of Canada (IRB).
a basis of claim form
You have 15 days to complete this form and submit it to the IRB Refugee Protection Division office shown on your confirmation of referral letter.
If you’re already in Canada, you can submit your claim online.
If the IRB determines that the claimant is a genuine refugee, the claimant becomes a protected person and can apply for Canadian permanent residence inside Canada.
If the IRB refuses the claimant, an application for judicial review can be requested from the Federal Court of Canada. If the claimant does not succeed in Federal Court, then removal from Canada becomes probable. Before removal, the claimant can ask for a Pre-Removal Risk Assessment (PRRA).