You are afraid to go home. Maybe you are about to land at Pearson, or you are standing at a land border crossing. Maybe you arrived months ago as a visitor or a student, and the situation in your country has become dangerous. Either way, the first steps of a refugee claim shape everything that follows, and some of the rules about who gets a hearing have changed.
Who can claim
You can claim refugee protection in Canada if you fear persecution in your country of nationality because of your race, religion, nationality, political opinion or membership in a particular social group, or if you would face a risk to your life, a risk of cruel and unusual treatment, or a risk of torture there.
The claim is decided by the Refugee Protection Division of the Immigration and Refugee Board, usually at a hearing, but only if the claim is first found eligible to be referred to it.
Eligibility: the rules that decide who gets a hearing
Not every claim is referred to the Board. Under Bill C-12, which became law in March 2026, two rules apply to claims made on or after June 3, 2025:
- The one-year rule. A claim is not referred if it is made more than one year after your first entry to Canada after June 24, 2020. Leaving and coming back does not restart the year.
- The 14-day rule. A claim is not referred if it is made more than 14 days after crossing the Canada-US land border between official ports of entry.
Unaccompanied minors are exempt from both rules. People caught by them are not removed immediately. They are generally referred to a pre-removal risk assessment instead, which is a written process with no hearing and no appeal. Our Bill C-12 explainer sets out the detail.
Other long-standing grounds of ineligibility still apply, including a previous claim in Canada, refugee protection already granted in another country, and certain criminal and security grounds. Our post on inadmissibility and refugee claims explains those.
At a land border crossing with the United States, the Safe Third Country Agreement generally means you will be returned to the US unless you fall within an exception, for example because you have certain family members in Canada.
Claiming at a port of entry
At an airport, seaport or land border crossing, you tell the CBSA officer that you want to make a refugee claim. The CBSA then decides whether the claim is eligible to be referred to the Board. The officer will interview you, usually with an interpreter if you need one, and ask about:
- your identity, date of birth and family members
- your education and travel history
- how you came to Canada
- why you are afraid to return
Be careful and accurate. Everything you say is written down and becomes part of your file. The Board will compare it with what you say later. Inconsistencies between the border interview and your written claim are one of the most common reasons claims are doubted, as we explain in our post on common mistakes in refugee claims. If you do not understand a question, say so. If an answer is incomplete because you were frightened or exhausted, tell your lawyer as soon as possible.
If the claim is referred, you will receive documents confirming it and a Basis of Claim form to complete and file with the Board within the deadline on your paperwork, currently 15 days.
Claiming from inside Canada
If you are already in Canada, you make the claim online through IRCC’s portal. The application includes your Basis of Claim form, your personal narrative and identity documents, so the core of your case is written before anyone interviews you. IRCC decides whether the claim is eligible to be referred.
This is the best opportunity to get the narrative right. Have it reviewed by a lawyer before it is submitted. Omissions are hard to repair later.
If the risk arose after you left
Some people had no reason to fear returning when they left, and the danger arose later: a change of government, a new political activity, or a personal change such as coming out. Those claims can still be made. Our post on sur place claims explains how they are assessed.
What happens next
Once a claim is referred, the process moves to medical exams, work permits, health coverage, evidence gathering and the hearing. Our post on what happens after you submit a refugee claim walks through each stage.
The government has also proposed new regulations that would change several of these steps, including a single online application and new deadlines for filing documents after referral. They were not in force when this post was written. Always work from the deadlines on your own paperwork.
How we can help
At Kabir & Alam, we advise people before they claim, review Basis of Claim narratives before they are filed, and represent claimants through eligibility, the hearing and any appeal. Read more about our refugee law practice or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.