Lawgical Corp Law

refugee claim process

When you start the journey of asking Canada for refugee protection, knowing each stage of the refugee claim process can help the whole thing feel a lot less overwhelming. 

Refugee Claim Process: A Step-By-Step Cheat Sheet

The exact steps can vary, but usually include:

  1. Making Your Claim: Tell an officer from IRCC or CBSA that you want protection, either when you arrive at the border or from inside Canada.
  2. Eligibility Interview and Referral: An officer reviews your identity, background, and other factors to decide if your claim can be referred to the IRB’s Refugee Protection Division.
  3. Completing the Basis of Claim Form: Fill out and submit this form with your story and documents.
     
  4. Gathering Evidence and Preparing: You collect proof such as identity documents, country condition reports, medical records, police reports, or expert letters.
     
  5. Waiting for Your Hearing Date: The RPD schedules a hearing, but the current refugee claimant processing time is often more than a year.
  6. Attending the Refugee Hearing: You testify before a decision-maker, usually with your lawyer and an interpreter if needed. The member decides whether you qualify as a Convention refugee or a person in need of protection.
  7. After the Decision: A positive decision gives you “protected person” status and allows you to apply for permanent residence. A negative decision may be subject to review in some cases.

For a fuller overview of who may become a refugee in Canada, it helps to understand more about how to live in Canada permanently.

FAQs About This Complicated Process 

These FAQs can give you an idea of what to expect from the refugee claim process, but every case is different and should be reviewed with an experienced immigration lawyer.

What Evidence is Needed for my Case?

You’ll want some different types of identity documents, proof of past harm or threats, and information about your home country’s conditions. 

How Long Does it Usually Take to Hear Back?

It can take weeks to several months, but some claims take over a year or longer when backlogs are high. 

Why Should I Work With an Immigration Lawyer?

You don’t have to, but working with a lawyer can help you understand the deadlines and pull together the right evidence.

They’ll also be able to present your case very clearly at the hearing. If you’re starting the refugee claim process, contact us at Lawgical Law Corporation for support today!