Understanding the Refugee Process After Entering Canada

Leila arrived in Canada as an international student, full of hope and ambition. But back home, her government was growing more oppressive. She couldn’t stay silent. She joined rallies and spoke out against the atrocities her people faced. However, the freedom to speak out came with a price. Leila started receiving death threats from entities tied to her home country’s government. Fear gripped her as she realized that returning home could mean risking her life. Desperate and lost, she decided to apply for refugee status in Canada but had no idea where to begin. If you find yourself in a situation like Leila’s, this guide on the refugee process in Canada is here to help you understand your options and the steps ahead.

Who may file a refugee claim in Canada?

If you’re inside Canada and fear returning to your home country, you may be eligible to file a refugee claim. To qualify, you must meet certain grounds of a claim, such as fearing persecution based on your race, religion, nationality, political opinion, or membership in a social group—however, timing matters. Filing your claim promptly strengthens your case and supports your genuine need for protection.

Moreover, Canadian authorities might consider whether you could find safety in a different part of your home country. This is known as an Internal Flight Alternative (IFA). Your claim could be denied if they believe you have a safe place to go. Additionally, do not lie or hide facts. Misrepresentation has serious consequences, including bans from entering Canada and imprisonment.

The process of refugee claims after entry

Before filing a refugee claim, you must understand the process involved. Here’s how it unfolds step-by-step:

1. Prepare the Application Package
   Gather essential documents like the Basis of Claim (BOC) Form, the narrative, passport and other identity documents, proof of entry, and supporting evidence. If you have a representative, include the IMM 5476 and IMM 0175 forms.
2. Receive the Acknowledgement of Claim (AOC) and Immigration Medical Exam (IME) Documents
   After submission, you’ll receive the AOC confirming receipt of your claim and the IME letter for your medical examination.
3. Complete the Medical Examination
   Visit a panel physician to complete your Immigration Medical Exam (IME).
4. Attend the Eligibility Interview
   You will be invited to an interview, during which an officer will assess your eligibility to proceed with the refugee process. The officer will issue a Refugee Protection Claimant Document (RPCD) if eligible.
5. Referral to the Refugee Protection Division (RPD)
   If you pass step 4, you become a refugee claimant, and the officer will refer you to the Refugee Protection Division (RPD). Keep your address up-to-date and gather any supplementary documents that may support your case.
6. Receive Notice of Appearance for Hearing
   You will receive a notice for your hearing unless the RPD approves your claim without it.
7. Attend the Refugee Hearing
   The hearing allows you to verify your credibility and address concerns the decision-maker raises.
8. The outcome of the Hearing
   If approved, you become a Protected Person eligible to apply for Permanent Residency (PR). If denied, you may appeal to the Refugee Appeal Division (RAD), depending on the circumstances.

The government may change this process at any time. Book a consultation to stay informed and explore your options.

Some key terms related to the refugee process

Understanding the terminology involved in the refugee process is crucial.

• Acknowledgement of Claim (AOC): This document confirms that your refugee claim has been received.
• Refugee Protection Claimant Document (RPCD): Issued if your claim is eligible; this confirms your legal status as a refugee claimant.
• Removal Order: When you file a claim, the immigration authorities issue you a removal order (most likely a departure order). However, it only becomes enforceable if RPD rejects your claim (options exist even after that stage).
• Interim Federal Health Program (IFHP) provides healthcare coverage while processing your refugee claim.
• Notice to Appear for a Hearing: This document informs you of the date, time, and location of your hearing at the RPD. Almost all hearings are now virtual (via Microsoft Teams).
• Refugee Protection Division (RPD): The tribunal that hears your refugee claim.
• Refugee Appeal Division (RAD): If your claim is rejected, you may appeal to RAD for a second chance (exemptions exist).

Book a consultation session to explore your options

Every refugee case is unique, and understanding the refugee process can be overwhelming. Booking a consultation with a professional can help you navigate this journey, identify your best options, and gather the necessary documents to strengthen your case.

Take the Refugee Appeal Assessment

If you are facing a failed refugee claim, fill out the following form. However, for brand-new refugee claims, fill out our Refugee Claim Self-Assessment tool.

Take the Refugee Claim Self-Assessment

Please answer the questions below honestly. The form provides an immediate estimate of your claim’s strength based on the information you provide.

Disclaimer: This assessment is generated by an automated algorithm and does not constitute official legal advice.