Refugee Claim Process in Canada: Step-by-Step Guide

A plain-language walkthrough of how the refugee claim process works in Canada — from eligibility to the RPD hearing and beyond — including the impact of Bill C-12's new one-year filing deadline.

This guide explains the full refugee claim process in Canada, from the initial eligibility assessment by the IRCC or CBSA, through the filing of the Basis of Claim (BOC) form, to the Refugee Protection Division (RPD) hearing, decision, and available options afterward. It reflects the most recent procedural changes, including those introduced by Bill C-12.

Making a refugee claim is one of the most significant legal steps an individual can take in Canada. The process involves strict deadlines, formal hearings before an independent tribunal, and decisions with life-altering consequences. Understanding the process clearly — including what is expected of you at each stage and what happens if a claim is refused — is essential to navigating it successfully.

• A refugee claim must be made within one year of arriving in Canada under Bill C-12 — this is a hard deadline that was not previously in place
• Eligibility is assessed by IRCC (for inland claims) or CBSA (at the border) before a claim can be referred to the IRB
• Once referred, claimants typically have 45 days to complete and file their Basis of Claim (BOC) form with the RPD
• The RPD will schedule a hearing date — currently average processing times can range from several months to over a year depending on the complexity of the case and caseload
• Hearings are conducted by a single IRB member who hears the claimant's testimony, reviews the documentary evidence, and may ask questions of both the claimant and their representative