Understanding Refugee Protection in Canada
Canada is a party to the 1951 Convention on Refugees and its 1961 Protocol. Canada conducts a rigorous assessment to determine whether you are a refugee, or a person in need of protection.
Asking for refugee protection in Canada is called making a refugee claim. Even if you were maltreated in your country or it is a dangerous place, you may not be allowed to stay in Canada. You must demonstrate that you are a Convention Refugee, or a Person in Need of Protection.
The Canadian government will decide if you can make a refugee claim. However, being allowed to make a refugee claim does not mean that you will be granted refugee protection.
- If you are inside Canada, complete and submit your online application on the IRCC portal.
- If you are at the border, an airport, or a detention centre, tell a CBSA officer that you want to make a refugee claim. The Canadian Border Services Agency or Immigration Refugee Citizenship Canada agent will decide if you are allowed to make a refugee claim within Canada.
Who May Be Eligible to Make a Claim?
- Be physically present in Canada or at a port of entry.
- Not subject to any removal order or ineligible under specific legal grounds.
- Cannot return to your home country because of a well-founded fear of persecution due to:
- Race.
- Religion.
- Nationality.
- Political opinion.
- Membership in a particular social group (e.g., LGBTQ+, gender-based claims).
Are you in the United States?
The Canada–United States Safe Third Country Agreement (STCA) rules that refugee claimants must seek protection in the first safe country they reach — either Canada or the United States — unless they fall under a specific exception outlined in the Agreement. This bilateral mechanism supports a coordinated, rules-based asylum process, ensuring that refugee claims are managed efficiently while upholding the integrity of both nations’ immigration and humanitarian frameworks.
If you are currently in the United States and wish to explore legal immigration options to Canada, our firm can provide professional guidance and a detailed assessment of your eligibility.
Contact us today to schedule a consultation with our Regulated Canadian Immigration Consultant (RCIC), Alejandro Gonzalez, and receive tailored advice for you by clicking on the following link: Canadian Refugee Claim Assessment
How can we help?
Our experienced Regulated Canadian Immigration and Citizenship Consultant (RCIC-IRB), Alejandro Gonzalez, will provide:
- Detailing eligibility assessments before you make a refugee claim to the Canadian authorities.
- Supporting with PR applications after acceptance.
- Alejandro has plenty of experience, as himself was an asylum seeker in the United States.
- Check the Public Register to verify Alejandro’s status as a licensee of the College, click on the following link: The College of Immigration and Citizenship Consultants of Canada