Humanitarian Protection
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Canada provides protection to people fleeing persecution, war, and danger through its refugee determination system. There are two main pathways: in-Canada asylum claims heard by the Immigration and Refugee Board (IRB), and overseas resettlement through the Government-Assisted Refugees (GAR) or Private Sponsorship of Refugees (PSR) programs. Canada resettles approximately 30,000 to 40,000 refugees per year.
People who do not qualify for refugee status may still be protected from removal through a Pre-Removal Risk Assessment (PRRA) or on humanitarian and compassionate (H&C) grounds. Canada is also a signatory to the UN Convention Against Torture, and people facing torture cannot be returned to the country where they face that risk.
When does it apply?
This applies when:
- You are in Canada or at a Canadian port of entry and fear persecution or danger in your home country
- You are outside Canada and need resettlement as a refugee
- You have been ordered removed from Canada but face risk if returned
- You have compelling humanitarian and compassionate reasons to remain in Canada
Key programs:
- In-Canada Refugee Claim: Made at a port of entry or an inland IRCC office. Claim is referred to the IRB Refugee Protection Division for a hearing. Must meet the Convention refugee definition (persecution based on race, religion, nationality, political opinion, or particular social group) or be a person in need of protection (risk of torture, cruel treatment, or risk to life). Processing: hearing typically scheduled within 60 days of referral. No application fee.
- Safe Third Country Agreement: Claimants who arrive at an official land border crossing from the U.S. are generally returned to the U.S. to make their claim there. Exceptions exist for unaccompanied minors, people with family in Canada, and holders of valid Canadian travel documents. As of March 2023, the STCA was expanded to apply to the entire border, including irregular crossings.
- Government-Assisted Refugees (GAR): Referred by UNHCR or a designated referral organization. Government provides 1 year of income support and settlement services. No cost to the refugee.
- Private Sponsorship of Refugees (PSR): Groups of 5+ Canadians or organizations (Sponsorship Agreement Holders) commit to supporting a refugee for 1 year. Sponsors provide housing, food, clothing, and settlement support.
- Pre-Removal Risk Assessment (PRRA): Available to most people subject to a removal order. Must demonstrate risk of persecution, torture, or cruel treatment. Filed with IRCC. Processing: 6 to 18 months. No fee.
- Humanitarian and Compassionate (H&C): Discretionary relief under IRPA section 25 for people with strong establishment in Canada, best interests of a child, or other compelling circumstances. Does not require a persecution claim. Processing fee: $855 CAD (processing + RPRF). Processing time: 2 to 4 years.
What should you do?
Step 1: If you are in Canada and need refugee protection, make a claim at an IRCC inland office or at a port of entry. You will be given a Basis of Claim (BOC) form, which you must complete and return within 15 days (inland claims) or at the port of entry.
Step 2: Get legal representation. Contact Legal Aid in your province (most provinces provide free legal aid for refugee claimants), the Canadian Centre for Gender and Sexual Diversity, or a local refugee settlement organization. The IRB hearing is adversarial and having a lawyer significantly improves outcomes.
Step 3: Prepare your claim thoroughly. Write a detailed personal narrative describing the persecution you faced or fear. Gather supporting evidence: country condition reports (from the IRB's National Documentation Packages), personal documents, medical records, photographs, news articles, and expert reports.
Step 4: Attend your IRB hearing. The Refugee Protection Division hearing is conducted by a single member who will question you about your claim. Your lawyer can make submissions and present evidence. Hearings typically last 3 to 4 hours. Decisions may be given orally at the hearing or in writing within days.
Step 5: If your claim is accepted, you become a protected person and can apply for permanent residence. If refused, you can appeal to the Refugee Appeal Division (RAD) within 15 days or seek judicial review at the Federal Court within 15 days.
Step 6: For H&C applications, demonstrate your establishment in Canada (employment, community ties, language ability), the best interests of any children affected, and hardship you would face if returned. This is a separate process from the refugee claim and can be filed even after a failed refugee claim.
What should you NOT do?
Don't delay making your refugee claim. While Canada does not have a strict filing deadline like the U.S., delays in making a claim can undermine your credibility. If you waited months or years after arriving in Canada, the IRB may question the genuineness of your fear.
Don't return to your country of origin. Returning to the country you claim to be fleeing can lead to cessation of your refugee protection under IRPA section 108. The IRB and IRCC take this very seriously — even a brief visit can result in loss of protected person status and permanent residence.
Don't submit a false or exaggerated claim. The IRB has extensive country condition information and trained members who assess credibility. If your claim is found to be clearly fraudulent, you lose access to the Refugee Appeal Division and may face criminal charges for misrepresentation.
Don't miss IRB deadlines. The Basis of Claim form must be submitted within 15 days for inland claims. The RPD hearing date is generally not flexible. Missing deadlines or failing to appear results in your claim being declared abandoned, and you will be issued a removal order.
Don't confuse the refugee process with H&C. They have different legal standards. A refugee claim requires a nexus to one of the five Convention grounds or risk of torture/cruel treatment. An H&C application is broader but discretionary and has a much lower success rate (approximately 25 to 30%). Consult a lawyer about which pathway is best for your situation.
Common Questions
When does humanitarian protection apply?
This applies when:You are in Canada or at a Canadian port of entry and fear persecution or danger in your home countryYou are outside Canada and need resettlement as a refugeeYou have been ordered removed from Canada but face risk if returnedYou have compelling humanitarian and compassionate reasons to remain in CanadaKey programs:In-Canada Refugee Claim: Made at a port of entry or an inland IRCC office. Claim is referred to the IRB Refugee Protection Division for a hearing. Must meet the Convention refugee definition (persecution based on race, religion, nationality, political opinion, or par...
What should I do about humanitarian protection?
Step 1: If you are in Canada and need refugee protection, make a claim at an IRCC inland office or at a port of entry. You will be given a Basis of Claim (BOC) form, which you must complete and return within 15 days (inland claims) or at the port of entry.Step 2: Get legal representation. Contact Legal Aid in your province (most provinces provide free legal aid for refugee claimants), the Canadian Centre for Gender and Sexual Diversity, or a local refugee settlement organization. The IRB hearing is adversarial and having a lawyer significantly improves outcomes.Step 3: Prepare your claim thoro...
What mistakes should I avoid with humanitarian protection?
Don't delay making your refugee claim. While Canada does not have a strict filing deadline like the U.S., delays in making a claim can undermine your credibility. If you waited months or years after arriving in Canada, the IRB may question the genuineness of your fear.Don't return to your country of origin. Returning to the country you claim to be fleeing can lead to cessation of your refugee protection under IRPA section 108. The IRB and IRCC take this very seriously — even a brief visit can result in loss of protected person status and permanent residence.Don't submit a false or exaggerated...
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