Refugee Law
Canada has long offered protection to people fleeing persecution. If you’re afraid to return to your country, you may be eligible to make a refugee claim and build a safe future here.
What refugee protection means
Refugee protection is a legal status granted by Canada to people who cannot safely return to their country of origin.
It’s a separate immigration stream from work permits, study permits, or permanent residence applications, and it’s decided by an independent tribunal: the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).
If your refugee claim is accepted, you become a Protected Person, and you can apply for permanent residence in Canada shortly afterward. Your spouse and dependent children, whether in Canada or abroad, can usually be included in that application.
Who qualifies as a refugee in Canada
Under Canadian law, there are two categories of people who can receive refugee protection:
- These are people who have a well-founded fear of persecution in their country based on:
- Race;
- Religion;
- Nationality;
- Political opinion; or
- Membership in a particular social group (this includes claims based on gender, sexual orientation, gender identity, family ties, and other social characteristics).
- Persons in need of protection.** These are people who, if returned to their country, would personally face:
- A danger of torture;
- A risk to their life; or
- A risk of cruel and unusual treatment or punishment.
The two categories often overlap, and a strong claim will usually be framed under both wherever possible. We assess your situation to determine which legal grounds apply and how best to present them.
Bill C-12 has changed the rules
On 26 March 2026, Bill C-12, received royal assent and became law.
It introduced two new eligibility bars that apply to every refugee claim made on or after 3 June 2025. If either bar applies to you, your claim will not be referred to the IRB for a full hearing.
The one-year bar
If you first entered Canada after 24 June 2020, you must make your refugee claim within one year of that first entry.
A few key points to keep in mind:
- The deadline runs from your *first* entry into Canada, not your most recent entry. Leaving Canada and coming back does not reset the clock.
- The bar applies retroactively. Even if you entered Canada years ago and only recently decided to claim, the one-year deadline still applies if your first entry was after 24 June 2020.
- If you’re past the one-year window, you are not eligible for an IRB hearing, but you may still be able to seek protection through a Pre-Removal Risk Assessment (more on this below).
- The one-year bar is not intended to apply to unaccompanied minors.
If you’re in Canada and thinking about claiming refugee protection, time is no longer on your side. Delays can permanently cost you access to a full hearing.
The 14-day bar at the Canada–US land border
If you entered Canada between official ports of entry along the Canada–US land border (in other words, you crossed irregularly), you must make your refugee claim within 14 days of that entry. Claims made after 14 days will not be referred to the IRB.
This rule closes a long-standing pathway under the Safe Third Country Agreement and has serious consequences for anyone crossing the land border outside of an official port of entry.
We strongly recommend that you book a consultation with us before crossing or claiming, so that we can advise you on the safest legal route and protect your eligibility for a hearing.
How a refugee claim works
A refugee claim can be made in one of two ways:
- At a port of entry (an airport, land border, or seaport) when you first arrive in Canada; or
- Inland, after you’ve already entered Canada, by submitting your claim to Immigration, Refugees and Citizenship Canada (IRCC).
Once your claim is referred to the IRB, you will be required to submit a Basis of Claim (BOC) form. This is the document where you tell your story: who you are, what happened to you, why you fear returning, and what evidence supports your claim. Your BOC is the foundation of your case, and what you write in it will be tested at your hearing.
Your hearing is held before a single member of the RPD.
At the hearing, the member will ask you questions about your story, your evidence, and the conditions in your country. A Minister’s representative may also be present in certain cases. The member will then decide whether you meet the legal definition of a Convention refugee or a person in need of protection.
While your claim is being processed, you can usually apply for a work permit and access provincial health coverage and other supports.
What happens if your claim is denied
A negative decision from the RPD is not necessarily the end of your case. Depending on the basis of the decision, you may be able to:
- Appeal to the Refugee Appeal Division (RAD): RAD reviews whether the RPD made an error of law, fact, or mixed fact and law. Not every claimant is eligible to appeal to the RAD, and strict deadlines apply.
- Apply for judicial review at the Federal Court of Canada: Judicial review is not a new hearing. The Federal Court examines whether the RPD or RAD decision was reasonable and procedurally fair. If the Court finds an error, the matter is sent back for redetermination.
- Apply for a Pre-Removal Risk Assessment (PRRA): A PRRA is a written assessment of the risks you would face if removed from Canada. It is typically available once removal is imminent.
- Submit a Humanitarian & Compassionate (H&C) application: In some circumstances, you may be eligible to seek permanent residence on humanitarian grounds, though there is a 12-month bar following most negative refugee decisions. You can learn more on our H&C page.
Each of these options has strict deadlines and requires careful strategy. We handle refugee appeals and Federal Court judicial reviews regularly. You can learn more about our work in this area on our Immigration Litigation page.
The Pre-Removal Risk Assessment after Bill C-12
The PRRA has taken on new importance under Bill C-12.
If your claim is barred under the one-year rule or the 14-day rule, the PRRA may be the only formal mechanism through which you can ask Canada to assess the risk you would face if returned to your country.
A PRRA is generally a paper-based process, meaning there is usually no oral hearing. The officer reviews the written submissions and country-condition evidence you provide. This makes the quality of the submissions and the strength of the supporting documents absolutely critical.
If you are in this situation, we recommend that you book a consultation with us as soon as possible, so that we can prepare the strongest possible PRRA on your behalf.
A few other things you should know
- Voluntary return ends your claim: Under the new rules, if you voluntarily travel back to the country where you say you would be persecuted before the IRB decides your claim, your claim will be treated as abandoned.
- You must be in Canada for your claim to proceed: The IRB will only decide your claim while you are physically present in Canada.
- Withdrawing a claim has immediate consequences: Removal orders become effective on the same day a claim is withdrawn.
- Unaccompanied minors have additional protections: Bill C-12 also requires the appointment of a representative to support certain vulnerable claimants, including minors and those who do not understand the process, during IRCC and Canada Border Services Agency proceedings.
After a positive decision: permanent residence
If your refugee claim is accepted, you become a Protected Person, and you and your immediate family can apply for permanent residence under the Protected Persons in Canada class.
Once you become a permanent resident, you remain on the path to Canadian citizenship, like any other permanent resident.
We can guide you through every step of that transition, from your initial claim all the way to your citizenship application.
How can Kabir & Alam assist me with my refugee claim?
Refugee claims are among the most consequential legal matters a person can face. If your claim is refused, the consequences can be severe, including removal to a country where you fear for your safety.
That’s why we approach every refugee file with the seriousness it deserves.
We assist clients with:
- Strategic advice on whether and when to claim, especially in light of the Bill C-12 deadlines;
- Preparing strong Basis of Claim (BOC) forms and supporting documentary evidence;
- Representation at RPD hearings;
- Appeals to the Refugee Appeal Division;
- Judicial review at the Federal Court of Canada;
- Pre-Removal Risk Assessment (PRRA) submissions;
- Humanitarian & Compassionate (H&C) applications where appropriate; and
- Permanent residence applications for Protected Persons and their families.
Because of our background in both civil and immigration litigation, we think about the full picture from day one. We build your initial claim with appeals, judicial review, and worst-case scenarios already in mind, which increases your chances of success at every stage.
If you’re afraid to return to your country, or if you’ve already received a negative decision, time matters. Deadlines under Bill C-12 are strict, and missed deadlines can be permanent.
Book a consultation with us today, so that we can hear your story and advise you on the right path forward.