Who may not file for refugee status in Canada?

Canada accepts thousands of refugee claims every year. However, not everyone may file for asylum in our country. This article explores those who may not file for refugee status in Canada.

The refugee claim process inside Canada

You claim refugee status in Canada in two different ways:

• At the port of entry (upon arrival), You express your decision to a border officer, and they will initiate the process.
• After entry: You visit an IRCC or CBSA office inside Canada and file for asylum.

I have explained these two options in a separate article. When it comes to eligibility, the main difference between these two options is the concept of the Safe Third Country.

Who may not file for refugee status based on the Safe Third Country agreement

If you are travelling from the US to Canada, you may not file for refugee status in the following circumstances:

• At a US-Canada land crossing,
• when entering by train, or
• at a Canadian airport only if the US has refused your refugee claim. However, you must be transiting through Canada after the US authorities have deported you.

Despite the Safe Third Country Agreement with the US, you may still apply for refugee status at the port of entry. Nonetheless, this exemption applies to the following circumstances only:

• Having a family member in Canada
• Being an unaccompanied minor
• Holding certain documents (e.g., a Canadian TRV, study permit, or work permit)
• Meeting the public interest exceptions requirements

Keep in mind that Canada only has this agreement with the United States. Therefore, the agreement does not apply to other countries. Also, regardless of this agreement, you may file for refugee status if entering Canada irregularly (i.e., not through a port of entry) or applying while inside Canada.

Who may not file for refugee status based on other issues

Sometimes the Safe Third Country does not apply to the applicant. However, the applicant may not file for refugee if they are subject to a removal order. Nonetheless, the person may file for refugee at an admissibility hearing if the board member has not issued the removal order yet.

Filing the claim, but no referrals

The refugee applicant files the claim with a CBSA or an IRCC officer. However, the ultimate decision-maker on refugee claims is the Immigration and Refugee Board of Canada (IRB). Therefore, the officer will review the case and refer it to IRB. The officers may refuse to refer the claim to IRB under the following circumstances:

• The applicant may not file for refugee status because of the Safe Third Country agreement or because they are subject to a removal order.
• The person is already a Canadian citizen.
• Another country has already offered the person refugee protection.
• The applicant has already received protection in Canada.
• Another country has received your refugee claim. However, that country must have an agreement with Canada to share immigration information. Subsequently, that country has informed Canada about the other claim.
• IRCC or CBSA previously considered the person ineligible to file a refugee claim.
• The person is inadmissible to Canada on the grounds of:
  • security,
  • human rights violations,
  • serious criminality, or
  • organized criminality.
• IRB has refused your other refugee claim in the past.
• The applicant withdrew or abandoned a previous refugee claim.

Note: On March 26, 2026, the following two restrictions were added:

• If a person has entered Canada more than a year ago, they are ineligible for referral (exceptions apply).
• Those who enter the US irregularly must file their claims within 14 days.

Of course, if the authorities do not refer the applicant to IRB, then the person won’t have a chance of becoming a refugee in Canada.

Putting a refugee claim on hold

Sometimes the authorities suspect a person may not file for refugee. However, they are not 100% sure. Consequently, they put the referral on hold, and they tentatively treat the person as if they may not file for refugee status. Here are the two potential scenarios:

• The applicant is subject to an inadmissibility hearing on the grounds of:
  • security,
  • human rights violations,
  • serious criminality, or
  • organized criminality.
• The Canadian authorities have charged the applicant with an offence carrying a maximum imprisonment term of at least 10 years. Nevertheless, the person has not yet been convicted.

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.