Protection-based immigration
Refugee & Asylum Claims
Protection pathways for individuals who fear persecution or face serious risk if returned to their country of origin.
Overview
Canada provides refugee protection to individuals who meet the legal definition of a refugee or a person in need of protection under Canadian and international law.
Refugee and asylum claims are legally complex and evidence-driven. Decisions are based on credibility, consistency of testimony, and objective country condition evidence. These claims are not assessed on humanitarian grounds alone, but on whether legal protection thresholds are met.
Who may be eligible to seek protection
Protection may be available to individuals who face serious risk if returned to their country of nationality or habitual residence.
- • Individuals with a well-founded fear of persecution
- • Persons at risk of torture or cruel and unusual treatment or punishment
- • Individuals facing serious threats to life or safety
- • Risks linked to race, religion, nationality, political opinion, or membership in a particular social group
Types of refugee protection
Canadian law recognizes different forms of refugee protection depending on the nature of the risk and where the claim is made.
- • Convention Refugees (outside Canada)
- • Persons in Need of Protection
- • Inland asylum claimants (claims made within Canada)
- • Government-assisted and privately sponsored refugees
Evidence and credibility
Strong documentary and testimonial evidence is critical. Decision-makers assess whether the claim is credible, internally consistent, and supported by independent country information.
- • Detailed personal narrative and sworn testimony
- • Country condition and human rights reports
- • Identity, travel, and civil status documents
- • Medical or psychological reports (where relevant)
- • Police reports, affidavits, or third-party statements
Claim process
- 1. Determine eligibility to make a refugee claim in Canada
- 2. Submit the Basis of Claim (BOC) form
- 3. Prepare supporting evidence and submissions
- 4. Attend a refugee hearing (if required)
- 5. Receive a decision from the Immigration and Refugee Board (IRB)
Timelines and procedures vary depending on the type of claim and individual circumstances.
Common risks and challenges
- • Inconsistent or incomplete personal narratives
- • Lack of corroborating or objective evidence
- • Credibility concerns raised during testimony
- • Prior refugee claims, refusals, or inadmissibility issues
- • Failure to meet the legal definition of protection
Protection claims require careful legal preparation
We assess eligibility, credibility risks, and evidence before you proceed.