Refugee & Asylum

Refugee claims in Canada are mainly assessed under section 96 of the Immigration and Refugee Protection Act and section 97 of the Immigration and Refugee Protection Act. These sections deal with Convention refugees and persons in need of protection.

What Is a Refugee Protection Claim?

A refugee protection claim is a request for Canada’s protection because returning to your country may put you at serious risk. This risk may come from government authorities, political groups, criminal organizations, family members, community members, or other actors when the state cannot or will not protect you.

According to Immigration, Refugees and Citizenship Canada, IRCC or CBSA first reviews whether a claim is eligible. If the claim is eligible, it is referred to the IRB, where the Refugee Protection Division decides the claim.

Section 96: Convention Refugees

Section 96 of IRPA applies to people who have a well-founded fear of persecution because of one or more protected grounds. These protected grounds are race, religion, nationality, political opinion, or membership in a particular social group.

Examples of Section 96 Refugee Claims

• Political activists targeted by government authorities
• Religious minorities facing threats, violence, or imprisonment
• LGBTQ+ individuals facing criminalization or serious abuse
• Women facing gender-based persecution or family violence
• Journalists, bloggers, or human rights activists targeted for their views
• Individuals targeted because of ethnicity, tribe, or nationality

For a section 96 claim, it is not enough to show that the country is unsafe in general. The claim must explain why the person has a real fear of persecution and how that fear connects to one of the protected grounds under Canadian refugee law.

Section 97: Persons in Need of Protection

Section 97 of IRPA may protect people who do not fit the technical definition of a Convention refugee but still face serious personal risk if removed from Canada.

A person may need protection if returning to their country would personally expose them to torture, risk to life, or cruel and unusual treatment or punishment.

Examples of Section 97 Protection Claims

• Risk of torture by authorities or armed groups
• Targeted threats from gangs, cartels, or criminal organizations
• Honour-based violence or serious family-based threats
• Individualized extortion, kidnapping, or violent retaliation
• Serious personal risk where the government cannot provide protection

Section 97 claims often require strong evidence showing that the risk is personal and serious. The decision-maker may also consider whether protection is available from the state and whether the person could safely relocate to another part of the country.

The Refugee Claim Process in Canada

Step 1: Starting the Claim

A refugee claim may be started at a Canadian port of entry, such as an airport or land border, or from inside Canada through the inland refugee claim process. If you are already inside Canada, IRCC states that most claimants must submit their refugee claim online through the IRCC refugee claim portal.

Step 2: Preparing the Basis of Claim Form

The Basis of Claim form, often called the BOC form, is one of the most important documents in a refugee claim. The IRB explains that the Basis of Claim form is used to present your refugee protection claim to the Refugee Protection Division.

The BOC form explains who you are, what happened to you, why you fear returning to your country, and why your government cannot protect you. A weak, incomplete, or inconsistent BOC form can create serious credibility problems later in the process.

Step 3: Gathering Supporting Evidence

Evidence is a major part of a refugee claim. The RPD may consider both personal evidence and country condition evidence. The goal is to support your story and show why the risk is real.

Evidence may include identity documents, travel records, police reports, medical records, threat messages, social media evidence, photos, witness letters, news reports, human rights reports, and psychological assessments.

Step 4: Preparing for the Refugee Hearing

The refugee hearing is often the most important stage of the process. At the hearing, an RPD member reviews your evidence, asks questions, and decides whether you meet the legal test for refugee protection in Canada.

The RPD may assess credibility, consistency, state protection, internal flight alternative, country conditions, and whether your case falls under section 96, section 97, or both.

Common Issues in Refugee Claims

Credibility Concerns

Many refugee claims are decided based on credibility. Inconsistencies between the BOC form, testimony, immigration history, travel records, and supporting documents can create problems, even when the fear is genuine.

State Protection

The RPD may ask whether the government in your country can protect you. If police, courts, or public authorities are unable or unwilling to help, this must be explained clearly and supported with evidence where possible.

Internal Flight Alternative

The RPD may consider whether you could safely live in another part of your country. This is called internal flight alternative, or IFA. A strong refugee claim should explain why relocation is not safe or reasonable in your circumstances.

Missing or Weak Evidence

Not every claimant can obtain every document, especially when they leave their country in urgent or dangerous circumstances. However, where evidence is available, it should be collected, translated if needed, and presented carefully.

Refugee Claims Based on Gender, Sexual Orientation, and Family Violence

Canadian refugee law recognizes that persecution can take many forms. Refugee claims may involve domestic violence, forced marriage, honour-based violence, LGBTQ+ persecution, gender identity discrimination, or family-based targeting.

These claims require sensitive preparation. They often involve personal trauma, private family history, cultural pressure, and country-specific evidence. Our team helps clients present these claims with clarity, care, and respect.

What Happens If a Refugee Claim Is Refused?

If a refugee claim is refused, some claimants may be able to appeal to the Refugee Appeal Division, also known as the RAD. In some cases, a claimant may seek judicial review before the Federal Court of Canada.

Depending on the circumstances, other options may include a stay of removal, a Pre-Removal Risk Assessment, or a humanitarian and compassionate application. IRCC provides official information about Pre-Removal Risk Assessments for people who may face risk if removed from Canada.

How LM Law & CPA LLP Can Help

Refugee law is technical, and the outcome can affect your safety, your status, and your future in Canada. Our office helps clients prepare refugee claims with detailed evidence, clear timelines, and focused legal arguments.

We can assist with refugee claim preparation, BOC forms, evidence organization, refugee hearings before the RPD, refugee appeals before the RAD, judicial review applications, stay of removal motions, PRRA applications, and strategic immigration litigation.

You are not required by law to hire a lawyer for a refugee claim. However, having qualified legal support can help you understand the process, avoid common mistakes, and present your case as clearly as possible.

Helpful Official Resources

• Immigration and Refugee Protection Act
• IRCC: Refugee Claim Eligibility in Canada
• IRCC: Start a Refugee Claim Online
• IRB: Basis of Claim Form
• IRB: Refugee Protection Claim Process

Disclaimer: This page provides general information only and is not legal advice. Refugee and immigration law changes over time, and each case depends on its own facts. Speak with a qualified legal professional before making decisions about your claim.