Who is eligible to receive the status of refugee in Canada? You must fit the following criteria in order to be eligible for refugee status:
a Convention refugee; or
a person in need of protection
Convention Refugee
People who cannot go back to their home countries or to the places where they usually reside due to
race;
religion;
political opinion;
nationality;
membership in specific social or political groups;
sexual orientation.
Person in need of protection
This status is given to people who cannot return to their home countries because they might face:
a danger of torture;
a risk to their life;
a risk of unusual treatment.
You can claim for refugee status at a Canadian border or from within Canada.
Port of Entry
Upon arrival, you can file a claim with the Canada Border Services Agency (CBSA) at an office at a border crossing or at the airport. You will be interviewed by Canada Border Services Agency. The Basis of Claim form and other immigration forms will then need to be filled out by you. These forms must be submitted within 15 days.
Inland Process
In order to get refugee status from inside Canada, you can make a refugee claim at designated Immigration, Refugees and Citizenship Canada (IRCC) offices. If the IRCC officer approves your eligibility for making a claim, you will be given a date for your IRB hearing and the Notice to Appear for a Hearing.
The Decision Making Process
If CBSA or CIC decides that you are eligible to make a refugee claim, you will have the hearing in front of a board members. It is strongly advisable that you have a lawyer to represent you. The date will be set up:
within 30 days if you are from a designated country of origin;
within 45 days if Port of Entry;
within 60 days if you are from any other country.
The Claim is accepted
The hearing will be held at the Refugee Protection Division of the Immigration and Refugee Board (IRB). If you claim is accepted, you can apply for permanent resident status.
