Making a refugee claim is the beginning of a legal process to determine whether you need Canada’s protection. After your claim is submitted, there are several important steps you may need to complete while you wait for a decision.
These can include an immigration medical examination, providing biometrics, obtaining your refugee claimant documentation, applying for a work permit, gathering evidence and preparing for a hearing before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).
Understanding what happens next, and meeting the deadlines associated with your claim, can be important to keeping the process on track. If you have not yet made a claim, start with our guide to how to start a refugee claim in Canada.
1. Your Refugee Claim Is Reviewed
After you submit a refugee claim from within Canada, Immigration, Refugees and Citizenship Canada (IRCC) first reviews it to make sure it is complete. If information or documentation is missing, IRCC may ask you to provide it.
If the claim is complete, you will receive documents and instructions related to the next steps in the process. IRCC will also determine whether your claim is eligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board.
Not every refugee claim is eligible for referral to the IRB. If your claim is found ineligible, you will receive a letter explaining that it will not be referred to the IRB, and your case will be sent to the Canada Border Services Agency (CBSA).
If your claim is eligible, it can proceed to the Refugee Protection Division, which is responsible for deciding whether you meet the definition of a Convention refugee or person in need of protection.
Important Update: New Eligibility Rules Under Bill C-12
On March 26, 2026, Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent. Among other changes, it added two new grounds on which IRCC or CBSA can find a refugee claim ineligible for referral to the Refugee Protection Division. Both new grounds apply to claims made on or after June 3, 2025, so they can already affect claims that were filed before Bill C-12 became law.
Under the new one-year bar in IRPA 101(1)(b.1), a claim is ineligible if the claimant entered Canada after June 24, 2020 and made the refugee claim more than one year after the day they entered. If a claimant entered Canada more than once after June 24, 2020, the one-year period is measured from the day after their first entry, not a later one.
Under the new 14-day rule in IRPA 101(1)(b.2), a claim is also ineligible if the claimant entered Canada at a location along the Canada–United States land border, including boundary waters, that is not a port of entry, and made the claim 14 or more days after that irregular entry. This provision operates alongside the existing rules under the Safe Third Country Agreement that can already affect claimants arriving from the United States.
If a claim is found ineligible under either provision, it is not referred to the IRB and processing of the claim is terminated. Most affected claimants remain eligible to apply for a Pre-Removal Risk Assessment (PRRA), which can prevent removal to a country where they would face persecution, torture or other serious harm. A PRRA is a more limited process than an IRB hearing, however: it generally does not include an oral hearing, carries no statutory right of appeal, and is subject to its own eligibility restrictions.
A temporary public policy introduced alongside these changes allows some claimants found ineligible under the new rules to obtain or maintain a work permit even before they receive formal notice that they can apply for a PRRA, helping to reduce gaps in work authorization while a PRRA is pending.
These new eligibility rules are already the subject of numerous constitutional challenges before the Federal Court, which has grouped the cases together for case management. Unless and until a court orders otherwise, the rules remain in force and continue to apply to claims while that litigation proceeds.
Because eligibility under these provisions depends on the precise date of entry, any earlier entries into Canada, and the date the claim was made, claimants with more complex travel or immigration histories should get legal advice as early as possible. For more detail, see the Government of Canada’s announcement on the new Bill C-12 measures.
2. You Receive Refugee Claimant Documentation
Claimants receive documentation confirming that they have made a claim for refugee protection in Canada. Depending on where you are in the process, this may include an Acknowledgment of Claim and, later, a Refugee Protection Claimant Document or Refugee Protection Identity Document.
These documents can be important while your claim is pending. They provide evidence of your status as a refugee claimant and can be used to access certain programs and services available to eligible claimants. Keep your immigration documents safe and pay attention to any expiry dates or instructions associated with them.
3. You Must Complete an Immigration Medical Examination
Refugee claimants are required to undergo an immigration medical examination. IRCC provides instructions explaining how to arrange the examination with an approved panel physician. According to current IRCC requirements, refugee claimants generally must complete the examination within 30 days.
The cost of the required immigration medical examination is covered through the Interim Federal Health Program. Completing the medical examination promptly is important, particularly if you are also waiting for authorization to work in Canada.
4. The Basis of Claim Form Is an Important Part of Your Case
One of the most important documents in a refugee claim is the Basis of Claim (BOC) form. The BOC tells the Refugee Protection Division about you and why you are asking Canada for protection. It includes information about your identity, family, travel history and the circumstances that caused you to leave your country or make a refugee claim.
If you make your refugee claim online from within Canada, the completed BOC is generally uploaded as part of your claim.
Different procedures can apply when a claim is initiated at a port of entry. Claimants should carefully follow the instructions and deadlines they receive from CBSA and the IRB.
The information in the BOC can become central to the eventual hearing. The RPD member may compare your testimony, supporting documents and other evidence with the information you provided in your BOC. For that reason, the BOC should be complete, truthful and accurate. If important information has been omitted or something needs to be corrected, obtaining legal advice as early as possible can be important.
5. Can You Work While Waiting for a Refugee Claim?
Eligible refugee claimants may be able to obtain an open work permit while their claim is being processed.
A claimant can request a no-fee work permit as part of an online refugee claim. Under the current process, certain steps must be completed before IRCC can issue the permit, including providing required biometrics and completing the immigration medical examination.
If you did not request a work permit when you submitted your refugee claim, you may be able to apply for one separately. You must have a valid work permit and a Social Insurance Number (SIN) before legally working in Canada.
6. Can Refugee Claimants Access Healthcare?
Eligible refugee claimants can receive temporary healthcare coverage through Canada’s Interim Federal Health Program (IFHP). Depending on eligibility and the service required, IFHP coverage can include hospital services, services from healthcare professionals, prescription medications, vision care and emergency dental care.
The program also covers one immigration medical examination and necessary related diagnostic tests for refugee claimants. IFHP coverage is intended to provide temporary healthcare coverage while eligible claimants are not covered by provincial or territorial health insurance.
7. Start Gathering Evidence for Your Refugee Claim
You should not necessarily wait until a hearing date has been scheduled to start thinking about evidence. The Refugee Protection Division will consider your testimony and the evidence available when deciding whether you meet Canada’s requirements for refugee protection.
Depending on your circumstances, relevant evidence could include documents relating to your identity and personal history as well as evidence supporting the events and risks described in your claim. Examples could include:
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- identity and travel documents
- police or medical records
- threatening messages, emails or other communications
- photographs
- court or government documents
- membership or employment records
- statements or evidence from witnesses
- documents relating to incidents described in your claim
- information about conditions in your country
The evidence needed will depend on the particular facts of the case. Documents that are not in English or French generally need to be translated in accordance with the IRB’s requirements.
8. You Will Need to Prepare for Your Refugee Hearing
If your claim is referred to the Refugee Protection Division, the IRB will eventually send you a Notice to Appear telling you when and how your hearing will take place.
The refugee hearing is an important stage of the process. At the hearing, an RPD member will consider your case and may ask questions about why you left your country, why you fear returning, the information contained in your Basis of Claim form and the evidence you have submitted.
Depending on the case, witnesses may also provide evidence. If you require an interpreter, the IRB can provide one for the hearing. Your testimony should be truthful and consistent with the facts of your claim. Refugee claims are highly fact-specific, and the RPD will consider the evidence in determining whether you meet the legal requirements for protection.
Preparing well before the hearing can help ensure that you understand the process and are ready to address the important issues in your claim.
9. What Happens If Your Refugee Claim Is Accepted?
If the Refugee Protection Division accepts your claim, you receive protected person status in Canada. Protected persons can generally apply for permanent residence in Canada. Eligible family members may also be included in a permanent residence application, subject to the applicable requirements.
Becoming a protected person and becoming a permanent resident are separate steps. An accepted refugee claim does not mean that you automatically become a Canadian permanent resident.
10. What Happens If Your Refugee Claim Is Refused?
A negative decision does not necessarily mean that every legal option has ended, but what you can do next depends on your circumstances. Some unsuccessful claimants may be eligible to appeal to the Refugee Appeal Division (RAD). In other cases, it may be possible to seek judicial review of the decision at the Federal Court.
There are eligibility rules and strict deadlines associated with challenging a refugee decision. Not every claimant has access to the same options. If your claim has been refused, getting legal advice promptly can help you understand which options, if any, are available in your situation.
Don’t Miss Deadlines or Immigration Notices
Throughout the refugee claim process, it is important to carefully review correspondence from IRCC, CBSA and the IRB. You should also keep your contact information up to date. If the Refugee Protection Division does not have your correct address or other contact information, you could miss important correspondence or your hearing date.
Failing to submit required documents or attend a scheduled hearing can have serious consequences. In some circumstances, the RPD may begin proceedings to declare a refugee claim abandoned. An abandoned claim generally will not proceed to a hearing on whether the claimant needs Canada’s protection.
How Can an Immigration Lawyer Help With a Refugee Claim?
A refugee claim can involve detailed evidence, important deadlines and complex questions about whether a claimant meets the legal definition of a Convention refugee or person in need of protection.
An immigration and refugee lawyer can help you understand the process, prepare your Basis of Claim form, identify and organize relevant evidence, prepare for your refugee hearing and respond to legal or procedural issues that arise during your case. Legal advice can also be particularly important if there are inconsistencies or complications in your immigration history, documentation or account of events.
Navigating the Refugee Claim Process in Canada
Making a refugee claim is only the first step. What you do after submitting the claim, from completing required examinations and documents to gathering evidence and preparing for your hearing, can be important to the process. If you have made a refugee claim in Canada or need assistance preparing for the next stage of your case, Clivio Law can help you understand the process and your legal options.
If you are considering making a refugee claim but have not yet started the process, read our guide to starting a refugee claim in Canada.
If you are entering Canada from the United States, you should also understand how the Safe Third Country Agreement may affect your ability to make a refugee claim.
This article provides general information only and does not constitute legal advice. Refugee and immigration procedures can change, and individual cases vary. Speak with a qualified immigration and refugee lawyer about your particular circumstances.