Refugee and Asylum Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
Canada has a legal obligation called non-refoulement — it cannot send someone back to a country where they face persecution. This is a cornerstone of international refugee law.
You can make a refugee claim at a port of entry (airport, land border) or at an inland IRCC office. Your claim is heard by the Immigration and Refugee Board (IRB), an independent tribunal.
As a refugee claimant, you have the right to legal counsel, an interpreter, and a hearing. The Interim Federal Health Program (IFHP) provides healthcare coverage while your claim is being processed. You can also apply for a work permit while you wait.
When does it apply?
- You are in Canada or at a Canadian port of entry and fear persecution in your home country.
- The persecution must be based on race, religion, nationality, political opinion, or membership in a particular social group.
What should you do?
- Make your refugee claim at a port of entry or an inland IRCC office as soon as possible.
- Complete your Basis of Claim (BOC) form thoroughly and truthfully.
- Get a lawyer — legal aid may cover your case depending on the province.
- Gather supporting evidence: country condition reports, personal documents, medical records, and anything that supports your story.
- Attend all IRB hearings — missing a hearing can result in your claim being abandoned.
- Apply for a work permit while waiting for your hearing.
What should you NOT do?
- Don't delay making your claim — waiting too long can hurt your credibility.
- Don't miss your hearing dates. If you don't show up, the IRB may declare your claim abandoned.
- Don't travel back to your home country — returning undermines your claim that you fear persecution there.
- Don't provide false information — dishonesty can destroy your case.
- Don't ignore appeal deadlines if your claim is refused. You have only 15 days to appeal to the Refugee Appeal Division (RAD).
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