Who Qualifies to Seek Asylum in Canada?

Introduction Canada’s refugee protection system offers protection to individuals who have a well-founded fear of persecution or are at risk of torture, risk to life, or risk of cruel and unusual treatment or punishment if returned to their country of nationality or habitual residence. Recent legislative amendments, including the Strong Borders Act (Bill C-2, 2025), have introduced significant changes to the eligibility and process for making a claim for refugee protection in Canada. Eligibility to Make a Refugee Claim Pursuant to the Immigration and Refugee Protection Act (IRPA), a person may seek refugee protection in Canada if they are: A claim for refugee protection may be made at a port of entry upon arrival in Canada or at an inland Immigration, Refugees and Citizenship Canada (IRCC) office. Ineligibility to Make a Refugee Claim Under section 101 of IRPA, a claim for refugee protection is ineligible to be referred to the Immigration and Refugee Board (IRB) if: Application Process 1. Making a Claim A claim for refugee protection may be made at a port of entry or, if already in Canada, through the IRCC online portal. 2. Eligibility Interview A Canada Border Services Agency (CBSA) or IRCC officer will conduct an eligibility interview to determine if the claim is eligible for referral to the IRB’s Refugee Protection Division. 3. Basis of Claim Form If the claim is eligible, the claimant must complete and submit a Basis of Claim (BOC) Form, providing detailed reasons for seeking protection. 4. Hearing The IRB will schedule a hearing where the claimant may present evidence and testimony in support of their claim. 5. Decision The IRB will render a decision to either grant or refuse refugee protection. If protection is granted, the claimant may apply for permanent residence as a protected person. Legislative Changes: Strong Borders Act (Bill C-2, 2025) The Strong Borders Act has introduced amendments to the IRPA, including: Claimants are advised to review the most recent legislative and regulatory updates or consult legal counsel to ensure compliance with all current requirements. Contact Ahlawat Law PC If you require legal advice or representation regarding a refugee claim or have questions about your eligibility under the current law, please contact Ahlawat Law PC for a confidential consultation. Disclaimer This post is for informational purposes only and does not constitute legal advice. For advice regarding your specific circumstances, please consult a qualified Canadian immigration lawyer. References: Government of Canada – Strong Borders Act (Bill C-2) Summary Immigration and Refugee Protection Act, S.C. 2001, c. 27 Immigration, Refugees and Citizenship Canada – Refugee claims in Canada: Who can apply Immigration and Refugee Board of Canada – Making a claim for refugee protection

Understanding and applying to reopen abandoned refugee claims in Canada

For individuals seeking protection in Canada, having a refugee claim declared “abandoned” represents a serious setback with significant consequences. This post provides accurate information about what constitutes an abandoned claim and the process for potentially reopening such claims. What Constitutes an Abandoned Refugee Claim? Under section 168(1) of the Immigration and Refugee Protection Act (IRPA), the Refugee Protection Division (RPD) may determine that a proceeding has been abandoned if the claimant is “in default in the proceedings.” A claim may be declared abandoned for several reasons: When a claimant misses a deadline or hearing, the RPD schedules a special hearing on abandonment, typically within five working days after the missed obligation. At this hearing, the claimant has an opportunity to explain why their claim should not be declared abandoned. Consequences of an Abandoned Claim If the RPD declares a claim abandoned, the consequences are severe: Special Hearings on Abandonment When a claimant fails to meet procedural requirements, the RPD must give them an opportunity to explain why their claim should not be declared abandoned: Factors Considered in Abandonment Decisions In deciding whether to declare a claim abandoned, the RPD must consider: The central test is whether the claimant’s conduct amounts to an expression of intention that they do not wish to pursue their claim with diligence. Medical Explanations If a claimant’s explanation includes medical reasons, they must provide a legible, recently dated medical certificate signed by a qualified medical practitioner that includes: If unable to provide a medical certificate, the claimant must explain: Reopening an Abandoned Claim Rule 62 of the RPD Rules provides a mechanism to potentially reopen an abandoned claim: Application Process To apply for reopening: The application should be made without delay, as timeliness is a factor the RPD will consider. Given the complexity of reopening applications and the high stakes involved, seeking qualified legal representation is strongly recommended for claimants facing this situation. References 1 Refugee Protection Division Rules, SOR/2012-256.2. Immigration, Refugees and Citizenship Canada, “Guide 0174 – Application Guide for Inland Refugee Claims Portal” (14 February 2024).3.Refugee Protection Division Rules, SOR/2012-256, r 62. Disclaimer: This blog post provides general information and does not constitute legal advice. It is intended for informational purposes only. The information contained herein is not a substitute for professional legal advice from a licensed lawyer. Every refugee claim is unique, and the outcome depends on individual facts and legal circumstances. Do not act or rely on the information provided in this blog post without seeking the advice of a qualified legal professional. Contacting Ahlawat Law Professional Corporation through this blog post does not create a solicitor-client relationship. Past results are not indicative of future results, and the outcome will vary according to the facts of individual cases