Refugee claims in Canada—Who can apply

Canada offers refugee protection to people in Canada who fear persecution and are unwilling or unable to return to their home country. People who are subject to a removal order cannot make a refugee claim.

Eligibility

Some people are not eligible to claim refugee protection in Canada. Officers receiving your refugee claim will decide whether it is eligible for referral to the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal that makes decisions on immigration and refugee matters. The IRB decides who is a Convention refugee or a person in need of protection. Your refugee claim may not be eligible for referral to the IRB if:

• You have been recognized as a Convention refugee by another country to which you can return;
• You have already been granted protected person status in Canada;
• You arrived via the Canada-United States border (see Safe Third Country Agreement below);
• You are not admissible to Canada on security grounds, or because of criminal activity or human rights violations;
• You made a previous refugee claim that was found to be ineligible for referral to the IRB;
• You made a previous refugee claim that was rejected by the IRB; or
• You abandoned or withdrew a previous refugee claim.

Safe Third Country Agreement

Under an agreement with the United States, refugee claimants must seek asylum (protection) in the first safe country where they arrive. For example, if you entered Canada at a land border from the United States, you will not be able to claim refugee protection in Canada. Sometimes there are exceptions (such as those who already have family in Canada).

Definitions

You may find the following definitions useful as you learn more about refugee claims in Canada.

Convention Refugee

Convention refugees are people who are outside their home country or the country where they normally live, and who are unwilling to return because of a well-founded fear of persecution based on:

• race
• religion
• political opinion
• nationality or
• membership in a particular social group, such as women or people of a particular sexual orientation.

Person in need of protection

A person in need of protection is a person in Canada whose removal to their home country or country where they normally live would subject them personally to:

• a danger of torture;
• a risk to their life; or
• a risk of cruel and unusual treatment or punishment.

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Related Links

• Safe Third Country Agreement
• Immigration and Refugee Board of Canada
• Options for refused applicants