About Claiming Asylum in Canada
Unlike resettlement, a refugee protection (asylum) claim is made by someone who is already at a Canadian port of entry or inside Canada, and who fears persecution or serious harm if returned to their home country. Claims are assessed by the Immigration and Refugee Board (IRB), an independent tribunal — not by IRCC directly.
Grounds for a Claim
The IRB assesses claims against the definition of a refugee under the 1951 Refugee Convention — a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group — or, separately, a risk of torture, or risk to life or of cruel and unusual treatment if returned home.
How the Process Works
- Submit your claim at a port of entry or inland IRCC/CBSA office
- Attend an eligibility interview to confirm your claim can proceed to the IRB
- Complete and submit the Basis of Claim form with your detailed account and supporting evidence
- Attend a hearing before the Refugee Protection Division of the IRB
- Receive a decision — if accepted, you become a protected person and may apply for permanent residence; if refused, you may have appeal or judicial review options depending on your circumstances
In some cases, claimants who were previously refused may have their claim reassessed if circumstances have materially changed or new evidence has emerged.
How We Help
We help prepare a complete Basis of Claim narrative and supporting documentation, and prepare claimants for their IRB hearing.