Author: Azadeh Haidari-Garmash, RCIC
Your complete guide to claiming refugee protection in Canada
On This Page You Will Find:
- Two proven pathways to make your refugee claim successfully
- Critical 15-day deadline that could make or break your case
- Step-by-step guide to the new OneTouch system at borders
- Essential BOC form requirements that determine your future
- What happens during your private refugee hearing
- Free community resources available in major Canadian cities
Summary:
If you're seeking safety in Canada, understanding the refugee claim process could be the difference between protection and deportation. With new legislative changes in 2025 and strict deadlines as short as 15 days, timing is everything. This comprehensive guide reveals the two main pathways to claim refugee protection, walks you through the critical Basis of Claim form, and shows you how to navigate Canada's updated OneTouch system. Whether you're at the border or already in Canada, these essential steps and insider tips will help you build the strongest possible case for your future.
🔑 Key Takeaways:
- You have only 15 days to submit your BOC form for Port of Entry claims, 45 days for inland claims
- The new OneTouch system streamlines border claims if you have proper identity documents
- Your Basis of Claim form is the most critical document - accuracy determines success
- Bill C-12 may prevent claims from people who've lived in Canada over one year
- Free community assistance is available in major cities to help with your claim
Maria Santos clutched her passport with trembling hands as she approached the Canadian border officer. After fleeing political persecution in her home country, she knew the next few minutes would determine whether she'd find the safety she desperately sought. Like thousands of others each year, Maria was about to navigate Canada's refugee protection system – a process that can seem overwhelming but offers genuine hope for those who understand how it works.
If you're in Maria's position, you're not alone. Canada received over 144,000 refugee claims in recent years, and understanding the system can mean the difference between protection and deportation. The stakes couldn't be higher, but with the right knowledge, you can successfully navigate this life-changing process.
Understanding Your Two Pathways to Protection
Canada offers two distinct routes for making a refugee claim, and choosing the right one depends entirely on your current situation.
Port of Entry Claims happen when you arrive at the Canadian border and immediately inform the Canada Border Services Agency (CBSA) officer that you want to claim asylum. This is your option if you're arriving from another country and need immediate protection.
Inland Claims are for people already inside Canada who decide to seek refugee protection. You'll submit your claim directly to Immigration, Refugee and Citizenship Canada (IRCC) through their online portal.
Here's what makes this choice crucial: the deadlines are different, and missing them can destroy your chances of staying in Canada.
The Border Experience: What Actually Happens
When you arrive at a Canadian port of entry seeking asylum, the process begins immediately. You'll need to clearly tell the CBSA officer, "I would like to make a refugee claim" or "I am claiming asylum." Don't assume they'll ask – you must volunteer this information.
The officer will then guide you through several critical steps. First, you'll provide your original identity documents (passport or travel documents are essential). Next comes biometrics – they'll take your fingerprints and photograph. Finally, you'll participate in an interview where they determine if you're eligible to make a claim.
The OneTouch Advantage
Since late 2022, Canada has been rolling out the OneTouch system, which can dramatically speed up your process. Under OneTouch, if you have proper identity documents, aren't inadmissible to Canada, and can provide contact information, your eligibility gets determined right at the border. This means less waiting and more certainty about your next steps.
However, OneTouch isn't available everywhere yet. The system is being gradually implemented across Canada, so your experience may vary depending on where you enter the country.
Making an Inland Claim: The Digital Route
If you're already in Canada, the process looks different. The Canadian Refugee Protection Portal offers a streamlined online application system that's replaced much of the paper-based process.
This digital approach means you can submit your initial claim from anywhere in Canada, but it also means you need reliable internet access and the ability to upload documents electronically. Many community organizations can help if technology isn't your strength.
Who Qualifies for Protection?
Canada recognizes two main categories of people who need protection, and understanding these definitions is crucial for building your case.
Convention Refugees are people who face persecution in their home country for specific reasons: race, religion, nationality, political opinion, or membership in a particular social group. The key word here is "persecution" – you need to demonstrate that you'll face serious harm, not just general hardship or economic difficulties.
Persons in Need of Protection face different types of danger, including torture, cruel and unusual punishment, or threats to their life from war or civil conflict.
The distinction matters because it shapes how you'll present your case and what evidence you'll need to gather.
The Make-or-Break Document: Your BOC Form
The Basis of Claim (BOC) form represents the single most important document in your entire refugee claim process. This isn't an exaggeration – immigration lawyers consistently emphasize that a poorly completed BOC form can sink an otherwise strong case.
Critical Deadlines You Cannot Miss
Your submission deadline depends on how you made your claim:
- Port of Entry claims: 15 days to submit to the Immigration and Refugee Board
- Inland claims: 45 calendar days after your claim reaches the Refugee Protection Division
These aren't business days – they're calendar days, including weekends and holidays. Mark these dates on every calendar you own and set multiple reminders.
What Happens If You Miss the Deadline
Missing your BOC deadline triggers an abandonment hearing, where you must provide compelling evidence explaining your delay. If you can't convince the board, three devastating consequences follow: your claim gets abandoned, you're banned from making future claims, and you'll likely face removal from Canada.
BOC Form Success Strategies
Every question on the BOC form demands a truthful, complete answer. "I don't know" or leaving blanks can raise red flags with decision-makers. If you genuinely don't have information, explain why rather than leaving sections empty.
Consider seeking help from community legal clinics or settlement agencies. Many offer free BOC form assistance, and their experience can help you avoid common mistakes that damage claims.
After You Submit: The Waiting Game
Once you submit your claim, the eligibility interview becomes your next milestone. Government officials use this interview to verify your identity, conduct security screening, and determine whether the Immigration and Refugee Board should hear your case.
If You're Found Eligible
Eligibility opens the door to the next phase: your file goes to the Immigration and Refugee Board (IRB), an independent tribunal that makes final decisions on refugee claims. You'll also receive a Refugee Protection Claimant Document – often called the "Brown Paper" – which serves as temporary documentation of your status in Canada.
This document matters because it can help you access certain services while your claim is being processed, though it's not a guarantee of permanent status.
Your Day in Court: The Refugee Hearing
Refugee hearings typically last about half a day and represent your opportunity to present your full case. These proceedings are private to protect your confidentiality, and most hearings now happen virtually unless your case involves particularly sensitive circumstances requiring in-person testimony.
During your hearing, you'll have the chance to explain why you need Canada's protection, present evidence supporting your claim, and answer questions from the board member. This is where all your preparation pays off – or where gaps in your documentation become problematic.
New Challenges: Bill C-12's Impact
In October 2025, the Canadian government introduced Bill C-12, legislation that could dramatically affect refugee claims. If passed, this bill would prevent people who have lived in Canada for more than a year from making refugee claims.
This potential change adds urgency to the decision-making process. If you're considering a refugee claim and have been in Canada for an extended period, the window for action may be narrowing.
Finding Help When You Need It Most
Major Canadian cities offer extensive networks of community-based organizations providing free assistance to refugee claimants. These groups can help you complete forms, prepare for hearings, and understand procedures without charging fees.
Toronto, Vancouver, Montreal, and other large cities have multiple organizations specializing in refugee support. Smaller communities often have settlement agencies that can provide guidance or connect you with specialized help.
Don't underestimate the value of this support. Professional assistance significantly improves claim success rates, and community organizations understand the local context that can affect your case.
Common Mistakes That Destroy Claims
Identity Document Issues: Failing to provide original identity documents or being unable to explain their absence raises serious credibility concerns.
Inconsistent Stories: Your account must remain consistent across all forms, interviews, and hearings. Contradictions, even about seemingly minor details, can undermine your entire claim.
Delayed Disclosure: Waiting to reveal important information about your persecution can make decision-makers question your credibility. Include all relevant details from the beginning.
Missing Deadlines: As emphasized throughout this guide, missing submission deadlines can end your claim before it truly begins.
Building Your Strongest Case
Success in Canada's refugee system requires more than just having a valid claim – you need to present that claim effectively. Start gathering documentation immediately, including any evidence of persecution, threats, or country conditions that support your case.
Medical records, police reports, news articles, and expert testimony about conditions in your home country can all strengthen your position. The more evidence you can provide, the stronger your case becomes.
Your Path Forward
Making a refugee claim in Canada represents both a legal process and a deeply personal journey toward safety. While the system has specific requirements and strict deadlines, it also offers genuine protection for people facing persecution.
The key to success lies in understanding the process, meeting every deadline, and presenting your case as clearly and completely as possible. Whether you're approaching a Canadian border or already living in the country, taking action quickly and seeking appropriate help can make the difference between protection and deportation.
Remember Maria from our opening? By understanding these processes and getting proper assistance, she successfully navigated the system and now has the protection she desperately needed. With the right knowledge and support, you can too.
Your safety and future in Canada depend on how well you navigate these next crucial steps. Don't wait – start building your case today.
FAQ
Q: What are the two main pathways to claim refugee status in Canada, and how do I choose the right one?
Canada offers two distinct pathways for refugee claims. Port of Entry claims are made when you arrive at the Canadian border and immediately tell the CBSA officer "I would like to make a refugee claim." This applies if you're arriving from another country and need immediate protection. Inland claims are for people already inside Canada who submit their claim through IRCC's online portal. The pathway you choose affects your deadlines: Port of Entry claims require BOC form submission within 15 days, while inland claims allow 45 calendar days. Your current location determines your pathway - if you're approaching Canada's border, you'll make a Port of Entry claim; if you're already in Canada, you'll file an inland claim. Both pathways can lead to protection, but the timelines and procedures differ significantly.
Q: What is the critical 15-day deadline, and what happens if I miss it?
The 15-day deadline applies to Port of Entry refugee claims and refers to the time you have to submit your Basis of Claim (BOC) form to the Immigration and Refugee Board after making your initial claim. This counts calendar days, including weekends and holidays - not business days. Missing this deadline triggers an abandonment hearing where you must provide compelling evidence explaining the delay. If you can't convince the board, three devastating consequences follow: your claim gets abandoned, you're permanently banned from making future refugee claims in Canada, and you'll likely face removal from the country. For inland claims, you have 45 calendar days instead of 15. This deadline is non-negotiable and represents the most critical timeframe in your entire refugee claim process. Set multiple reminders and seek immediate help if you're struggling to meet it.
Q: How does the new OneTouch system work at Canadian borders?
The OneTouch system, implemented since late 2022, streamlines the refugee claim process at Canadian ports of entry for eligible claimants. If you have proper original identity documents (passport or travel documents), aren't inadmissible to Canada, and can provide reliable contact information, your eligibility determination happens immediately at the border rather than requiring separate interviews later. This means faster processing and more certainty about your next steps. However, OneTouch isn't available at all Canadian entry points yet - it's being gradually rolled out across the country. During the OneTouch process, you'll still provide biometrics (fingerprints and photographs) and participate in an interview, but the entire eligibility determination concludes at the border. If you don't qualify for OneTouch processing, you'll follow the traditional process with separate eligibility interviews scheduled later.
Q: What makes the BOC form so critical, and how can I complete it successfully?
The Basis of Claim (BOC) form is the single most important document in your refugee claim process because it presents your complete case for protection to decision-makers. Immigration lawyers consistently emphasize that poorly completed BOC forms can destroy otherwise strong cases. Every question demands truthful, complete answers - leaving blanks or writing "I don't know" raises red flags. If you genuinely lack information, explain why rather than leaving sections empty. The form must detail your persecution, explain why you need Canada's protection, and remain consistent with all other statements you make throughout the process. Inconsistencies, even about minor details, can undermine your credibility. Seek help from community legal clinics or settlement agencies that offer free BOC assistance. Their experience helps you avoid common mistakes that damage claims. Remember, this document shapes how the Immigration and Refugee Board views your entire case.
Q: What should I expect during my refugee hearing, and how can I prepare?
Refugee hearings typically last about half a day and represent your opportunity to present your full case to the Immigration and Refugee Board. These proceedings are private to protect your confidentiality, with most hearings now conducted virtually unless your case requires in-person testimony for sensitive circumstances. During the hearing, you'll explain why you need Canada's protection, present supporting evidence, and answer questions from the board member. Preparation is crucial - gather all relevant documentation including medical records, police reports, news articles about conditions in your home country, and any expert testimony. Your story must remain consistent with your BOC form and all previous statements. Practice explaining your persecution clearly and chronologically. Consider working with community organizations or legal clinics to prepare, as professional guidance significantly improves success rates. The hearing is your chance to convince the decision-maker that you genuinely need protection.
Q: How might Bill C-12 affect my refugee claim, and what should I do?
Bill C-12, introduced in October 2025, could prevent people who have lived in Canada for more than one year from making refugee claims if passed into law. This potential legislation adds urgency to decision-making for anyone considering a refugee claim who has been in Canada for an extended period. The bill represents a significant change to Canada's refugee system and could dramatically narrow the window for making claims. If you've been in Canada approaching or exceeding one year and are considering a refugee claim, you should act immediately rather than waiting. Consult with community legal clinics or settlement agencies to understand how this potential legislation might affect your specific situation. Even if you're uncertain about making a claim, getting professional advice now is crucial because the window for action may be narrowing. The bill's passage isn't guaranteed, but preparing for potential changes protects your options.
Q: What free community resources are available to help with my refugee claim?
Major Canadian cities offer extensive networks of community-based organizations providing free assistance to refugee claimants. These organizations help with BOC form completion, hearing preparation, and procedure explanations without charging fees. Toronto, Vancouver, Montreal, and other large cities have multiple specialized refugee support organizations. Smaller communities typically have settlement agencies that provide guidance or connect you with specialized help. Services often include legal clinic assistance, interpretation services, document preparation help, and emotional support throughout the process. Many organizations also offer country condition research assistance, helping gather evidence about persecution in your home country. Professional assistance significantly improves claim success rates because these organizations understand local context and common pitfalls. Don't hesitate to seek help - these resources exist specifically to support people in your situation, and using them doesn't affect your claim negatively.
