IRB Representation
Refugee Claims
Representation for refugee protection claims before the Refugee Protection Division.
Overview
A refugee claim asks Canada to recognize that a person needs protection because they face persecution, or a risk to life or of cruel treatment, in their home country.
Eligible claims are heard by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB). The Basis of Claim (BOC) form is the foundation of the case: it sets out your account in writing, and the RPD compares it closely with your testimony at the hearing.
Not every claim reaches the IRB. Under amendments that became law in March 2026, many claims made more than one year after first arriving in Canada are no longer referred, and people in that situation may be able to apply for a pre-removal risk assessment (PRRA) instead. If the RPD rejects a claim, many claimants can appeal to the Refugee Appeal Division (RAD), but the deadlines are short.
This is a serious legal process with real consequences, so careful preparation and honest, thorough representation matter at every stage.
Who may consider this: People seeking protection in Canada because they fear persecution or serious harm in their home country.
Eligibility Considerations
- A well-founded fear of persecution based on a protected ground, or a personalized risk to life or of cruel treatment
- Eligibility for referral to the RPD — a claim can be ineligible because of a previous claim, the Safe Third Country Agreement, or when the claim was made
- Filing the Basis of Claim form by the required deadline, which depends on where and how the claim was made
- A detailed, consistent account, supported by the evidence reasonably available to you
- Attending the RPD hearing and any other required appointments
How It Works
Initial Assessment
We listen carefully to your situation and assess whether a claim is appropriate and what it would need to show.
Eligibility Determination
An officer decides whether your claim can be referred to the RPD; if it can't, we review other options such as a PRRA.
Basis of Claim Preparation
We help you prepare a clear, detailed, and consistent Basis of Claim form, and file any corrections before the hearing.
Evidence Gathering
Supporting documents, country condition evidence, and any corroborating materials are organized.
Hearing Preparation
We prepare you thoroughly for the hearing, including likely questions and how to present your account.
RPD Hearing
We represent you at the hearing before the Refugee Protection Division, with an interpreter where needed.
Decision & Appeal Options
The RPD issues a decision; if it is negative, we confirm right away whether a RAD appeal is available and act within its deadlines.
Documents You May Need
Document requirements vary by applicant and pathway — not every applicant needs every item below. We confirm your specific list during an assessment.
- Basis of Claim form
- Identity documents, where available
- Any evidence supporting the events described (police reports, medical records, news articles)
- Country condition documentation relevant to the claim
- Witness statements, where applicable
- Translations, with a translator's declaration, of any documents not in English or French
Common Issues to Watch For
These are presented to help you prepare, not to cause concern — most are avoidable with careful preparation.
- Inconsistencies between the Basis of Claim form and oral testimony
- Missing the Basis of Claim deadline, which can lead to a hearing on whether the claim is abandoned
- Missing supporting evidence that could reasonably have been obtained
- Submitting the Basis of Claim without enough detail or clarity
- Not understanding what the hearing will involve and arriving unprepared
How We Help
- Listen to your account carefully and help you present it clearly and consistently
- Identify what supporting evidence would genuinely strengthen the claim
- Prepare a thorough, well-organized Basis of Claim form
- Represent you at the hearing and prepare you for what to expect
- Move quickly on a Refugee Appeal Division appeal if the claim is refused and an appeal is available
Frequently Asked Questions
Can anyone make a refugee claim in Canada?+
Not every claim can be heard by the IRB. A previous claim, the Safe Third Country Agreement, and — since the 2026 amendments — how long you have been in Canada can all affect eligibility, which we assess at the outset.
What if my claim isn't eligible to be referred to the IRB?+
You may still be able to apply for a pre-removal risk assessment, which also looks at the risk you would face if returned. We review the options as soon as eligibility is in doubt.
What happens if my claim is accepted?+
An accepted claim generally leads to protected person status, which can later support a permanent residence application.
What if my claim is refused?+
Many claimants can appeal to the Refugee Appeal Division, but the notice of appeal is due within 15 days of receiving the written reasons, and some claims have no right of appeal. Other options, such as judicial review through a lawyer, may also exist.
Do I need to speak English or French at my hearing?+
No — interpretation is available, and we coordinate this as part of hearing preparation.
The information on this website is provided for general guidance only and does not constitute legal or immigration advice. Immigration policies, fees, processing times, and eligibility requirements change frequently. Please verify current requirements with official government sources or a qualified immigration professional before making decisions.