Claiming Protection From Inside Canada

How a claim for refugee protection is made from within Canada.

Many hands stacked together in a circle

What this program is

A person inside Canada who fears returning to their country can make a claim for refugee protection. A claim can be made at a port of entry on arrival or at an office inside Canada, and the first stage is an eligibility determination by an officer — whether the claim can be referred to the Immigration and Refugee Board at all.

If the claim is eligible, it is referred to the Refugee Protection Division of the Immigration and Refugee Board. The Board is an independent tribunal, separate from IRCC, and the decision is made by a Board member at a hearing on the evidence put before them. That separation matters: the officer you first speak to does not decide your claim.

From the first conversation onward, everything said and filed forms one record. The account given at the port of entry, the written Basis of Claim, the supporting documents and the oral evidence at the hearing are compared with one another. Consistency across that record is central, which is why the first account given matters as much as the last.

At a glance
Where a claim can be madeAt a port of entry, or at an office inside Canada
First stageAn eligibility determination by an officer
Who decides the claimThe Refugee Protection Division of the IRB
The IRB isAn independent tribunal, separate from IRCC
Assessed largely onCredibility and country-condition evidence

What you'll generally need

  • A full, consistent account of what happened and why return is unsafe.
  • Identity documents where you have them, and a credible explanation where you do not.
  • The Basis of Claim form, completed within the time allowed.
  • Country-condition evidence supporting the risk described.
  • Strict attention to every deadline — this area runs on short, firm time limits.

What an application on this route usually involves. Not a checklist that guarantees anything — IRCC sets the requirements, and they change.

Who this program fits

  • People already in Canada who fear returning to their country of nationality or former residence.
  • People who have been told their situation may engage protection and are unsure what to do next.
  • This is not the resettlement route for people outside Canada, which works differently.

Whether it fits you is what a consultation is for. This page cannot answer that and does not try to.

Common mistakes

An account that changes between the port of entry and the hearing

Everything said and filed is compared. Differences are treated as credibility issues even where there is an innocent explanation, which is why the first account matters as much as the last.

Missing the Basis of Claim deadline

The time limits here are short and firmly applied. A missed deadline can end a claim regardless of its underlying merits.

Filing with no country-condition evidence

A personal account carries far more weight when corroborated by evidence about conditions in the country concerned.

Waiting before getting advice

Options narrow faster here than anywhere else covered on this site.

Questions

Who actually decides my claim?

A member of the Refugee Protection Division at the Immigration and Refugee Board, an independent tribunal. Not IRCC, and not the officer who took your claim.

Can I work while my claim is decided?

There is a process for work authorisation for claimants, with its own requirements. It is not automatic on making a claim.

What if I have no identity documents?

It is common and not automatically fatal, but it has to be explained credibly and consistently. What causes difficulty is an explanation that changes.

Does making a claim affect other applications?

It can, and the interaction is not always obvious. This is a reason to get advice before making decisions about parallel applications rather than after.

References

Is this the right program for you?

That is the one question this page cannot answer. Start with the free assessment, then bring your situation to a consultation with the RCIC-IRB.

Start Your AssessmentBook a paid consultation

This page is general information. It is not an assessment of your eligibility, and nothing on it is immigration advice for consideration. Claiming Protection From Inside Canada matters at ZIMMR are advised on directly by Irshad Osman, RCIC-IRB.

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