Asylum

1. Two routes to refugee protection in Canada

Making an asylum claim in Canada

This route is for people who are in Canada or who request protection when they arrive.

People already in Canada generally submit their claims through the Immigration, Refugees and Citizenship Canada (IRCC) portal. People who request protection on arrival make their claim to an officer of the Canada Border Services Agency (CBSA).

If the claim is eligible for referral, the Refugee Protection Division (RPD) of the IRB decides it.

Refugee resettlement from outside Canada

This route is for eligible people outside Canada who seek protection through a resettlement program.

The main programs are the Government-Assisted Refugees (GAR) Program, the Private Sponsorship of Refugees (PSR) Program and the Blended Visa Office-Referred (BVOR) Program. Referral, sponsorship and admission requirements vary by program.

Can I make an in-Canada asylum claim from Iran? An in-Canada claim cannot be filed from Iran or another country. People outside Canada can review the requirements for refugee resettlement.

2. Who qualifies for refugee protection?

The Immigration and Refugee Protection Act (IRPA) sets out two main definitions for refugee protection.

Convention refugee under section 96

A person who is outside their country of nationality and who, because of a well-founded fear of persecution on one of the following grounds, is unable or unwilling to seek that country’s protection:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

The fear must be well-founded and meet the legal definition of a Convention refugee.

Person in need of protection under section 97

A person in Canada who, if returned to their country of nationality or former habitual residence, would personally face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.

Additional legal conditions apply to a risk to life or a risk of cruel and unusual treatment or punishment. The risk must be personal and cannot simply be one faced generally by people in that country. The legal limits concerning lawful sanctions and risks arising from a lack of medical care must also be considered.

Each claim is assessed on the person’s circumstances, the grounds they raise, their evidence and the applicable legal criteria.

3. Changes introduced by Bill C-12 in 2026

Bill C-12 received Royal Assent on March 26, 2026, and introduced changes to Canada’s asylum system.

Two new rules affect eligibility for referral to the IRB. They apply to claims made on or after June 3, 2025.

The one-year rule

If a person first entered Canada after June 24, 2020, and makes a claim more than one year after that first entry, the claim is ineligible for referral under this rule unless a legal exception applies.

This matters even if the person left Canada after that first entry and later returned. Leaving and re-entering Canada does not restart the one-year period.

Entry from the United States across the land border

The second rule applies to people who enter Canada across the Canada–U.S. land border between official ports of entry.

If a person makes a claim 14 days or more after such an entry, the claim is ineligible for referral under this rule unless a legal exception applies.

Legal exceptions

Unaccompanied minors who meet the relevant definition and conditions are exempt from these two new restrictions.

What happens if a claim is not referred?

If one of these two restrictions prevents referral, the risks the person would face on return may be examined through a Pre-Removal Risk Assessment (PRRA). When removal proceedings begin, a CBSA officer assesses eligibility. The person can apply only after the officer tells them they are eligible. PRRA eligibility and restrictions in section 8

To assess how these rules affect a case, check the date of first entry into Canada, how the person entered and the date they made their refugee claim.

4. Which claims may be ineligible for referral to the IRB?

Under section 101 of IRPA and other applicable provisions, a claim may be ineligible for referral in circumstances such as the following:

• The person has already received refugee protection in Canada.
• A previous Canadian claim was rejected, withdrawn, declared abandoned or found ineligible for referral.
• The person previously made a refugee claim in another country and that claim affects eligibility under the applicable rules.
• Another country has recognized the person as a refugee and they can return there.
• The one-year or 14-day restriction applies.
• The Safe Third Country Agreement applies.
• Another statutory ground of ineligibility applies.

A finding of ineligibility means the claim did not reach the stage where the RPD considers the grounds for protection. A rejection on the merits follows an assessment of the claim itself.

Canada–U.S. Safe Third Country Agreement (STCA)

Under the agreement, many people who enter Canada from the United States across the land border and request asylum are ineligible to have their claims referred to the IRB.

The agreement covers certain claims at official border crossings and claims made within 14 days after entry between official crossings.

There are specific exceptions, including for certain qualifying family members in Canada, unaccompanied minors and holders of certain valid immigration documents. Having a family member in Canada does not automatically establish an exception.

Bill C-12 and the Safe Third Country Agreement are separate sets of rules. The effect of each must be assessed for the individual case.

5. How to make a refugee claim in Canada

Step 1. Make the claim

People already in Canada generally submit their claim through the IRCC portal. People seeking protection on arrival make their claim to a CBSA officer.

Provide complete and accurate information about your identity, travel history, immigration status and reasons for seeking protection.

Step 2. Assessment of eligibility for referral

An officer determines whether the claim can be referred to the IRB. Document checks, fingerprinting, an interview and a medical examination may be required. The time needed to assess eligibility varies.

Step 3. Complete the Basis of Claim Form (BOC)

The BOC is a central document in a refugee claim. In it, you explain what happened, why you need protection and what risks you would face if you returned.

For claims made inside Canada, the form is generally submitted with the claim. For claims made at a port of entry and referred to the IRB, the usual deadline for submitting the BOC is 45 calendar days after referral.

Follow the deadlines and instructions in the official correspondence for your case.

Step 4. Submit supporting evidence

After referral, submit relevant evidence by the deadlines and in accordance with the RPD rules. Depending on your circumstances, this may include:

• Identity and travel documents
• Evidence of threats or persecution
• Relevant medical or court records
• Messages, correspondence and other evidence
• Reports or documents supporting your personal circumstances and reasons for claiming protection

Step 5. Attend the refugee hearing

In many cases, the RPD holds a hearing at which you explain your reasons for seeking protection and answer questions. Some eligible claims may be accepted without a hearing.

Report changes to your address or contact details in accordance with the IRB’s instructions.

Step 6. Receive the decision

The RPD reviews the evidence and testimony and decides whether to accept or reject the claim. Processing times vary. There is no guaranteed decision date for every claim.

6. Rights of refugee claimants in Canada

Work permits

Eligible claimants may apply for an open work permit. Issuance depends on completing the required steps, including the eligibility assessment and medical examination. Eligible claimants may receive an initial work permit without a government processing fee.

Health coverage under the Interim Federal Health Program (IFHP)

Eligible claimants may receive health services through the IFHP. From May 1, 2026, a co-payment applies to certain covered benefits:

• CAD 4 each time an eligible prescription medication is dispensed or refilled
• 30% of the amount covered by the program for other eligible supplemental health services and products

Covered basic care, such as physician visits and hospital services, is provided without these co-payments. Coverage depends on program conditions, benefit limits and individual eligibility.

Education and study permits

Eligible children can attend school in Canada under the applicable rules. Adults need a study permit for many programs of study.

Social assistance and legal aid

Access to social assistance depends on the province of residence and individual circumstances. In British Columbia, some claimants may qualify for income assistance or services from Legal Aid BC.

Interpretation at the hearing

If you need an interpreter and identify the required language according to IRB instructions, an interpreter will be provided for the hearing.

7. If your refugee claim is accepted

When the RPD accepts a claim, the claimant generally becomes a protected person. Eligible protected persons may apply for permanent residence (PR) in Canada.

Applying for permanent residence

You must submit a separate permanent residence application and meet the applicable legal requirements. Acceptance of the refugee claim does not automatically grant permanent residence.

The fees are determined by the official IRCC fee schedule in effect when you apply.

Declaring family members

You must declare family members who fall within the legal definition, as required by IRCC, even if they live outside Canada. Failure to declare them can have serious consequences and in many cases can prevent future family sponsorship.

The outcome depends on the rules, applicable exceptions and circumstances of the case.

8. If your refugee claim is rejected

Following a negative decision, other legal options may be available depending on the type of decision and your circumstances.

Appeal to the Refugee Appeal Division (RAD)

If you have a right of appeal, two deadlines generally apply:

• File the Notice of Appeal within 15 days after receiving the written reasons for the RPD decision.
• Submit the Appellant’s Record within 45 days after receiving those same written reasons.

Not every negative decision can be appealed to the RAD. In certain circumstances you may request an extension, but it is not guaranteed.

Judicial review in Federal Court

In certain circumstances, you may file an Application for Leave and for Judicial Review with the Federal Court of Canada.

For matters arising in Canada, the usual deadline is 15 days after the day you are notified of or become aware of the decision. An extension may be requested in certain circumstances but is not guaranteed. Filing for judicial review does not automatically stay removal in every case.

Pre-Removal Risk Assessment (PRRA)

A PRRA examines the risks a person may face on return to their country of origin under specified legal conditions. Access varies. In many cases, a 12-month waiting period applies after the most recent negative decision on a refugee claim or a previous PRRA, unless a legal exception applies to the case.

Some people are ineligible for a PRRA. For example, a person whose refugee claim was found ineligible for referral because of the Canada–U.S. Safe Third Country Agreement cannot apply. When the removal process begins, a CBSA officer assesses eligibility. An application can be made only after the officer tells the person they are eligible. IRCC guidance on PRRA eligibility

Humanitarian and compassionate considerations (H&C)

In certain circumstances, a person may apply for permanent residence on humanitarian and compassionate grounds. This route has its own conditions and restrictions. Submitting an H&C application does not, by itself, stop enforcement of a removal order.

If you receive a negative decision, check the type of decision and the date you received it immediately. The time to act can be very short.

9. What actions could put refugee protection at risk?

Cessation of refugee protection

Under section 108 of IRPA, refugee protection may cease in specified circumstances. For example, voluntarily seeking the protection of your country of nationality again (reavailment), or becoming re-established in your country of origin, may be relevant to a cessation assessment.

Obtaining or renewing a passport from your country of origin. This may be relevant to whether you have sought that country’s protection again. It does not automatically end protection in every case. Individual circumstances must be assessed.

Travel to your country of origin. Travelling to the country you feared returning to can have serious consequences for your status.

Vacation of a positive decision for misrepresentation

Under section 109 of IRPA, a positive decision may be vacated if refugee protection was obtained by misrepresenting or withholding material facts.

Cessation and vacation are separate proceedings. Their legal consequences, including their effect on permanent resident status, must be assessed separately. In some cases, a final decision can lead to loss of permanent residence.

10. Important considerations for Iranian claimants

Individual circumstances

Like all claimants, Iranian applicants must establish that they meet Canada’s legal criteria for refugee protection. Conditions in the country of origin can be relevant, but each claim is assessed on the individual’s circumstances, grounds and evidence.

Temporary immigration measures for Iranian nationals

At various times, Canada has introduced temporary measures for certain Iranian nationals. These may include specific arrangements allowing eligible people to extend their status or work permits.

These policies have eligibility requirements separate from refugee protection. Qualifying under a temporary immigration policy does not itself establish eligibility for refugee protection. Check IRCC’s official information for the conditions and validity dates in effect when you apply.

11. Refugee resettlement from outside Canada

Canada has several programs for resettling eligible refugees from abroad.

Government-Assisted Refugees (GAR) Program

Refugees are generally referred by the United Nations High Commissioner for Refugees (UNHCR) or another approved referral organization.

Private Sponsorship of Refugees (PSR) Program

Eligible organizations or groups may sponsor refugees under program rules. Support generally includes financial assistance and help settling in Canada for a specified period after arrival.

Sponsorship Agreement Holders (SAHs) have agreements with the Canadian government and can sponsor refugees within the program’s capacity and conditions.

Groups of Five and Community Sponsors. According to IRCC’s notice, intake of new applications under these routes is paused until December 31, 2026. Applications submitted before the pause may continue to be processed.

Blended Visa Office-Referred (BVOR) Program

The program combines government and private support for eligible referred refugees.

Intake conditions, capacity and processing times may change. Check the latest official IRCC instructions for the specific program when applying.

12. Refugee claim statistics and processing times

The number of claims, the number of pending cases and average processing times change over time. Official figures describe the system as a whole and cannot predict what will happen in an individual case.

Processing time depends on the type of case, completeness of the documents, complexity and the number of cases waiting. Current statistics are available in official IRCC and IRB reports.

No statistic or acceptance rate guarantees the outcome of a refugee claim.

13. Refugee protection consultations

Checking the legal requirements, preparing evidence and meeting deadlines are important parts of a refugee protection case.

At Hejazineia Immigration Corporation, refugee consultation and representation services are provided by Negin Hejazi-neia, a Regulated Canadian Immigration Consultant licensed to represent clients before the Immigration and Refugee Board (RCIC-IRB).

Depending on your circumstances, a consultation may cover:

• Eligibility to make a refugee claim and have it referred to the IRB
• The effect of Bill C-12 and your history of entry into Canada
• Filing steps and supporting documents
• Ongoing claims and preparation for a hearing
• Negative decisions, appeals and judicial review
• Legal options after a refusal

Negin Hejazi-neia | RCIC-IRB | Registration R712822

Hejazineia Immigration Corporation

Book a refugee protection consultation

14. Frequently asked questions

Can I make an in-Canada refugee claim from Iran? No. An in-Canada claim must be made in Canada or on arrival. People outside Canada can review the requirements for refugee resettlement.

Does everyone have just one year to claim asylum? No. The one-year rule has specific dates and conditions. To understand its effect, check the date of first entry, the claim date and any applicable legal exception.

Does leaving and re-entering Canada restart the one-year period? No. For people covered by the rule, leaving and returning does not restart the period.

Can a refugee claimant work in Canada? Eligible claimants may apply for a work permit under the applicable rules.

How long does a refugee claim take? There is no single processing time. It depends on the circumstances and the volume of pending claims.

What options are available if my claim is rejected? Depending on the decision and circumstances, an appeal to the RAD, judicial review in Federal Court or other legal options may be available.

Can I get permanent residence after my claim is accepted? Eligible protected persons can apply for permanent residence. This requires a separate application and decision.

Can I travel to Iran after receiving refugee protection? Travel to your country of origin may have serious consequences for your protection status. Your circumstances should be assessed before travel.

Is there a government fee to make a refugee claim? There is no government processing fee for the claim itself. Later applications, including permanent residence, may have separate fees.

If I withdraw my claim, can I make another one? Withdrawal can make a subsequent claim ineligible for referral to the IRB. Consider the legal consequences before withdrawing a claim.

Legal notice

This page provides general information and does not replace professional advice tailored to your circumstances. Immigration laws and policies may change. The outcome depends on the individual case, the evidence and the decision of the responsible authority. No consultant or representative can guarantee the outcome of a refugee claim.

Hejazineia Immigration Corporation

Negin Hejazi-neia | RCIC-IRB | R712822

Vancouver, British Columbia, Canada