Make a claim when you arrive in Canada

---

For several decades, Canada has been a haven for the dispossessed-one fleeing persecution, war, or danger. The Canadian refugee system enables people who are being persecuted or threatened in their countries of origin to apply for refuge within Canadian borders. There are two ways of submitting an application for a refugee claim: making a claim at the port of entry and an airport or at any border crossing into Canada or inside Canada within two weeks of arriving in Canada.

 

Who Can Make a Refugee Claim in Canada Upon Arrival?

If you are somebody who fears persecution, violence, or life-threatening circumstances if you return to your country of origin, then you may be eligible for filing a refugee claim upon entering Canada. To qualify for refugee protection you must be able to prove that:

• You Are a Convention Refugee : Outside your home country or country of habitual residence and can't return there because of well-founded fear of being persecuted on account of race, religion, political opinion, nationality or membership in a particular social group.
• You are a Person in Need of Protection: You are either in Canada and there is a risk to your life, a risk of torture, or a risk that you could be given cruel or unusual treatment or punishment if returned to your home country.

As a reminder, principles for evaluation are according to the international refugee conventions and treaties to which Canada is a signatory.

 

Where to Make a Refugee Claim Upon Arrival

There are two main locations for making a refugee claim at the time of your first entry into Canada:

At a Port of Entry
This includes airports, land border crossing, and seaports. Once you arrive in Canada, and you feel you require protection you can notify a border services officer at the port of entry that you would like to make a refugee claim. The officer will begin processing your claim and will instruct you on what to do next.

Inside Canada
Even if you are in Canada, but you didn't make a refugee claim upon arrival, it is not too late-you could lodge a claim at an Immigration, Refugees, and Citizenship Canada (IRCC) office. This process slightly differs, but the same requirements and criteria in the evaluation remain the same.

 

How to Lodge a Refugee Claim upon Arrival

When you inform the border services officer that you wish to make a refugee claim, this is what usually occurs:

Eligibility Screening  <br/>This is the preliminary stage of the process: checking whether you are eligible to make a refugee claim. The border services officer or an immigration officer will scrutinize whether you are qualified under certain conditions. The major criterion they look at is that you have been involved in serious crimes.

• - You have been in Canada before and submitted a refugee claim.
• -You crossed the border from the Safe Third Country Agreement, a bilateral agreement between Canada and the United States, which would actually exclude you from making a refugee claim if you crossed over from the United States.

If the test is met, then your case goes forward. If the test is not met, your case could be referred to the immigration authorities where you would be advised of your removal from Canada, but there are likely better legal avenues available for you.

Complete the Refugee Claim Form  <br/>When you are accepted to submit a claim, you'll have to complete a Basis of Claim (BOC) form. The BOC is an extremely detailed form wherein you describe why you require protection in Canada and why, if you were to be returned to your country of origin, you would be subject to threats or persecution from which you could not protect yourself.

The BOC is an important document because it serves as the foundation of your claim. Fill it out correctly, accurately, and very comprehensively also since it will undergo review when you appear in front of the Immigration and Refugee Board of Canada (IRB).

Refugee Claim Interview
If you lodged your application at a port of entry, you may be scheduled for an interview of your refugee claim. The interviewer will ask you questions aimed at probing deeper into your eligibility and credibility. It helps if you remain consistent and truthful during the interview.

Refugee Hearing
Once the claim is processed, the IRB will schedule a refugee hearing. That is when you would have the opportunity to present your case to the decision-maker regarding whether or not you have a right to make a claim for refugee protection.

The refugee hearing is a very important part of the process and hence should always be equipped thoroughly. At the time of the hearing, you will have to describe your situation in detail, provide supporting evidence, and be questioned regarding your claim .

 

What Is the Outcomes If My Claim Is Approved?*

If your claim is accepted, you will get asylum in Canada. That is, you can stay in Canada, work in Canada, and study in Canada. You may also be eligible to apply for permanent residency after a number of years which can then lead into a pathway into citizenship.

 

What If My Claim Gets Rejected?

If your application is refused, you may appeal that refusal to the Refugee Appeal Division (RAD) or seek a judicial review at the Federal Court. However, not all refused applications are eligible for an appeal and, often, there will be a time factor. When your application is refused, you should seek legal advice as soon as possible to discuss options.

 

How CITRN Can Assist You in Filing Your Refugee Claim in Canada

Filing a refugee claim in Canada is overwhelming with regard to the consequences of those strict deadlines, documentation complexities, and high stakes of seeking protection. CITRN offers professional guidance and provision of legal assistance to ensure proper handling of your refugee claim process from the time you reach Canada.

Initial Consultation and Case Assessment
CITRN begins with an interview that is a consultative process. That will determine whether you qualify for some form of refugee protection and further assesses your personal situation. We can guide you as to whether making a claim is the right move and how to do so.

Preparation of the Basis of Claim (BOC) Form
The BOC form is vital to ensure the success of your refugee claim and will assist CITRN's professional immigration consultants in preparing and filling the document accordingly. We will ensure that all the necessary information will be given to allow the case to best present the claim to the IRB.

Preparation for Your Refugee Hearing
An interview at a refugee hearing can be intimidating, but CITRN will prepare you fully. Our team will help you understand what to expect during the hearing and guide you on how to present your case and will support you through the whole process.

Support in Respect of Appeal and Judicial Review
If your claim is rejected, we will be with you through the process of lodging an application for RAD to appeal or apply for a judicial review at the Federal Court. Our team will research all legal avenues that may keep the door open for potential success.

Support at Every Step of the Way
From the very first meeting to final decisions for your application for claim, CITRN will guide you throughout every single step. We ensure continuous support to understand each step of the entire process, meeting all deadlines, and do our utmost to get the maximum possible chance available to you in Canada to obtain refugee protection.

CITRN shall give you the peace of mind you deserve when dealing with your refugee claim. From a claim on arrival to a protection request while residing in Canada, our team can help navigate the various intricacies embedded in the Canadian system of refugee claims.