Refugee Claim in Canada (Asylum)
Compassionate, strategic representation for people seeking protection in Canada.

Why Choose Our Refugee Protection Services?

Compassionate, experienced legal representation with a proven track record of success in refugee protection cases

Expert Protection

Specialized knowledge in refugee and protection law

Compassionate Care

Understanding and empathetic approach to sensitive cases

Global Expertise

Deep understanding of international conditions and risks

Refugee Claim in Canada (Asylum)

If you fear persecution, torture, risk to life, or cruel and unusual treatment in your home country, you may be eligible to make a refugee claim in Canada. The process involves several government bodies IRCC/CBSA (eligibility screening) and the Immigration and Refugee Board (IRB), Refugee Protection Division (RPD) and strict timelines. Sober Immigration helps you prepare the facts, evidence, and forms the right way from Day 1.

Eligibility & Risk Assessment

Comprehensive evaluation before you file your claim

  • Assessment of Convention Refugee status
  • Person in Need of Protection evaluation
  • Identification of potential bars to claiming
  • Strategic timing and location planning

STCA Exceptions Strategy

Safe Third Country Agreement exceptions for U.S. border cases

  • Qualifying family member exceptions
  • Unaccompanied minor provisions
  • Valid document holder exceptions
  • Public interest exception strategies

Basis of Claim (BoC) Drafting

Comprehensive BoC preparation with facts, dates, nexus, and legal theory

  • Clear, consistent narrative development
  • Timeline and corroboration planning
  • Nexus identification to protected grounds
  • Risk profile development for Person in Need of Protection

Evidence Planning & Collection

Comprehensive evidence gathering and preparation

  • Identity document verification
  • Police records and court documents
  • Medical reports and hospital notes
  • Affidavits from witnesses and family
  • Country condition research and expert opinions

RPD Hearing Preparation

Thorough preparation for your Refugee Protection Division hearing

  • Mock Q&A sessions and credibility coaching
  • Sensitive event explanation training
  • Gap addressing strategies
  • State protection failure demonstration
  • Minister's counsel response preparation

Post-Decision Strategy

Comprehensive support after your RPD decision

  • Protected Person PR applications
  • RAD appeal preparation and filing
  • Federal Court judicial review options
  • PRRA and H&C application strategies

What Sober Immigration Does for You

Comprehensive refugee protection services

  • Eligibility & risk assessment before you file
  • STCA (Safe Third Country Agreement) exceptions strategy for U.S. border cases
  • Basis of Claim (BoC) drafting with facts, dates, nexus, and legal theory
  • Evidence planning & collection (identity, police, medical, affidavits, country reports, expert opinions)
  • Filing and deadline management with the Immigration and Refugee Board (IRB) rules
  • Refugee Protection Division (RPD) hearing preparation (mock Q&A, credibility coaching)
  • Post-decision strategy (PR applications for Protected Persons, RAD/Federal Court options, PRRA/H&C where appropriate)

Our Process

A systematic approach to ensure the best possible outcome for your case

1

Who Can Claim Refugee Protection?

Understanding eligibility under Canadian law

  • Convention Refugee: Fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group (e.g., gender-based, sexual orientation, family)
  • Person in Need of Protection: Face risk to life, risk of cruel and unusual treatment/punishment, or danger of torture if returned, and home country cannot or will not protect you
  • Every case is unique. We assess eligibility, evidence, and any bars that could affect your claim (prior claims in Canada, serious criminality, etc.)
2

Where and How to Start a Claim

Understanding your options for initiating a refugee claim

  • At a Port of Entry (POE) with CBSA (airport/land border): Officers do an eligibility interview and may give you an eligibility decision and/or referral to the IRB (RPD). If referred, you'll receive instructions about next steps, including the Basis of Claim (BoC) form
  • Inside Canada (Inland claim) with IRCC: You book and attend an eligibility interview. If eligible, your claim is referred to the RPD and you must file your BoC and evidence on time
  • Important (U.S. Border – Safe Third Country Agreement): If you are entering from the United States, you may be barred from making a claim at a land border unless an STCA exception applies (e.g., qualifying family in Canada, unaccompanied minor, valid document holder, or public-interest exception). Always seek advice before approaching the border
3

What Happens After Eligibility

Understanding the process after your claim is accepted

  • Medical exam & biometrics (if required)
  • Interim Federal Health Program (IFHP): Basic health coverage for eligible claimants
  • Work permit: Many claimants can apply for a work permit after their claim is referred and medicals are completed (processing times vary)
  • IRB Hearing (RPD): Your claim is scheduled for a hearing. You must file the BoC and supporting evidence within the deadlines set by the IRB rules
4

The Basis of Claim (BoC) Form

The heart of your case - explaining your story and fear

  • Your BoC is the heart of your case. It explains who you are, what happened, why you fear return, and why your state can't protect you
  • Inconsistencies or missing details can undermine credibility. We help you draft a clear, consistent narrative with timeline and corroboration
  • Identify nexus to a protected ground (if Convention Refugee) or risk profile (if Person in Need of Protection)
  • Gather supporting evidence (identity, police records, medical reports, affidavits, country research)
5

The RPD Hearing

What to expect at your Refugee Protection Division hearing

  • At the RPD, a Member will ask questions about your story, documents, and efforts to seek protection. You (and your counsel) can present arguments and additional evidence
  • We prepare you to explain sensitive events clearly and consistently
  • Address gaps (missing documents, delays in claiming, internal flight alternatives)
  • Demonstrate failure of state protection with credible proof
  • Respond to the Minister's counsel, if present
6

Possible Outcomes

Understanding what happens after your hearing

  • Accepted: You become a Protected Person and can apply for Permanent Residence for yourself and eligible dependants
  • Refused: You may have appeal or review options.
7

If Your Claim Is Refused

Understanding your options after a negative decision

  • Refugee Appeal Division (RAD): File a Notice of Appeal quickly (strict deadlines) and submit appeal arguments and evidence as allowed by the rules
  • Federal Court Judicial Review: If no right of appeal to RAD, or after RAD refusal, you may seek leave and judicial review at the Federal Court (tight timelines)
  • PRRA (Pre-Removal Risk Assessment): In some cases, available after a statutory bar period; assesses new risk since the last decision
  • H&C (Humanitarian & Compassionate): A discretionary PR option based on hardship, establishment, best interests of children (cannot replace a refugee claim but can be strategic in some situations)
  • We will advise the best next step based on your specific situation and deadlines
8

Timelines & Fees

Understanding processing times and costs

  • Processing varies by region and caseload. Some steps move quickly; others can take longer
  • We provide transparent fees and a clear engagement letter before starting
  • We never guarantee outcomes or timelines

Eligibility Criteria

Understanding the requirements for refugee protection in Canada

Identity Documents

  • Passport, national ID, birth/marriage certificates

Proof of Persecution/Risk

  • Police complaints, court records, threats, medical reports, hospital notes, news articles, social media posts, letters, photos

Country Conditions

  • Human rights reports, NGO research, expert letters

Personal Corroboration

  • Affidavits from witnesses/family, proof of membership or political/religious activity

Travel History

  • Visas, entry/exit stamps, airline tickets

Gender/Orientation-Based Claims

  • Any safe, respectful corroboration of lived experience (handled with sensitivity and privacy)

Ready to Start Your Protection Journey?

Our experienced team is here to help you navigate the refugee protection process with compassion and expertise. Contact us today for a confidential consultation.

Frequently Asked Questions

Get answers to common questions about refugee protection and the application process