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 Convention Refugee: A person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion, is outside their country of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of that country; or
- A Person in Need of Protection: A person in Canada whose removal to their country or countries of nationality would subject them personally to a danger of torture, to a risk to their life, or to a risk of cruel and unusual treatment or punishment.
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:
- The claimant has been recognized as a Convention refugee in another country to which they may return;
- The claimant has previously made a refugee claim in Canada that was found ineligible, withdrawn, abandoned, or rejected;
- The claimant is subject to a removal order;
- The claimant has made a refugee claim in a country with which Canada has an information-sharing agreement (e.g., the United States, the United Kingdom, Australia, New Zealand);
- The claimant is inadmissible to Canada on grounds of security, violating human or international rights, serious criminality, or organized criminality;
- The claimant entered Canada from the United States at a land border port of entry and does not meet an exception under the Safe Third Country Agreement.
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:
- Expanded Information Sharing: Authorizes IRCC to share client information with federal, provincial, and territorial partners for the purposes of program integrity and security.
- Ministerial Authority: Permits the Minister to suspend, cancel, or amend groups of immigration documents or applications in the public interest, including for reasons of national security, public health, or program integrity.
- No Authority to Cancel Individual Refugee Claims: The Act does not authorize the Minister to cancel individual refugee claims.
- Retroactive Provisions: Certain amendments apply retroactively to June 24, 2020.
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
