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Immigration Law

Refugee Claims

Claims for protection in Canada, from the first interview through the hearing at the Refugee Protection Division.

A refugee claim asks Canada for protection because returning to your own country would put you at risk. The law recognises two grounds: a well-founded fear of persecution under the Refugee Convention, and a personal risk of torture, death or cruel treatment.

A claim can be made at a port of entry or inside Canada. It is then referred to the Refugee Protection Division of the Immigration and Refugee Board, and the timelines that follow are short. The Basis of Claim form, which sets out what happened to you and why you fear returning, is due within weeks, and the hearing is usually scheduled within months.

These cases turn on credibility and on evidence about conditions in your country. Inconsistencies between the form, the port of entry notes and your testimony are the most common reason claims fail, which is why the preparation matters as much as the hearing.

What we help with

  • Making a claim at a port of entry or inside Canada
  • Basis of Claim forms and supporting statements
  • Country condition evidence, medical reports and witness statements
  • Preparing for and attending the hearing
  • Appeals to the Refugee Appeal Division after a refusal
  • Pre-removal risk assessments and humanitarian applications where a claim is not available

How it usually works

  1. 01

    Meet the deadlines

    The Basis of Claim form and disclosure deadlines come quickly. We work to them from the first meeting.

  2. 02

    Build the record

    Your account is set out carefully and supported with documents, country evidence and, where they exist, witnesses.

  3. 03

    Hearing and after

    We prepare you for questioning and represent you at the hearing. If the claim is refused, we advise on an appeal or judicial review straight away.

Related services

Questions

Common questions about refugee claims

Can I work while my claim is decided?

Usually, yes. Most claimants can apply for a work permit once the claim is referred and the medical examination is done. Ask before you start work, because the timing matters.

What happens if my claim is refused?

Many claimants can appeal to the Refugee Appeal Division within a short deadline; where that route is not available, the decision can be challenged by judicial review in the Federal Court. Both have strict time limits, so get advice the day you receive the decision.

Book a consultation

Tell us what has happened. We will tell you where you stand.

The first consultation is free, at our Surrey office. Evenings and Saturdays by appointment.

Call 604-712-4477
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