REFUGEE CLAIM: refugee claim lawyer & immigration lawyer

In Canada, the Charter of Rights and Freedoms guarantees fundamental rights and protections, including freedom from discrimination. 

However, in many countries, these rights are not upheld. Individuals may face persecution—such as violence, detention, torture, or death—simply for expressing political beliefs, practicing their religion, or belonging to a particular social group.

Canada offers a safe haven to individuals who qualify as refugees under Canadian and international law. This guide outlines the refugee claim process and what to expect during a refugee hearing.

A person may apply for refugee protection from within Canada or, in some cases, from abroad. Most Claimants submit their application after arriving in Canada. The application must include a Basis of Claim (BOC) Form, which outlines the Claimant’s personal experiences and reasons for seeking asylum.

If the claim is accepted for processing, the Claimant will be scheduled for a refugee hearing before the Immigration and Refugee Board (IRB).

Refugee hearings are conducted by a decision-maker, known as a Member of the IRB. Hearings may take place in person or remotely.

• The Claimant may bring a representative, such as a lawyer.  
• Witnesses may also be called to support the claim.
   

• The Member begins by questioning the Claimant.  
• The Representative may follow with further questions and closing submissions.
   

To be granted protection, the Claimant must meet the legal criteria under the Immigration and Refugee Protection Act (IRPA), either:

A person with a well-founded fear of persecution due to:

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

The Claimant must be:

• Outside their country of nationality and unable or unwilling to seek protection from it; or 
• Stateless, and unable or unwilling to return to their country of habitual residence.
   

A person in Canada who would face:

• A danger of torture, or  
• A risk to life, or of cruel and unusual treatment or punishment, and:  
  • Cannot access protection from their home country  
  • Faces unique and personal risk  
  • Is not subject to lawful punishment that meets international standards  
  • The risk is not due to lack of healthcare alone
     

• Is the Claimant’s fear genuine and reasonable?  
• What would likely happen if they return home?
   

• Is the harm serious enough to violate fundamental human rights?
   

• Is the persecution based on one of the five protected grounds?  
• Is there a nexus (link) between the harm and the stated ground?
   

• Can the home country protect the Claimant?  
• Is protection accessible and effective?
   

• Could the Claimant safely live in another part of their home country?
   

• Has the Claimant lived in or passed through another country where they could seek protection?
   

• Civil war or political unrest  
• Criminal charges (e.g., war crimes, terrorism, serious non-political offenses)  
• Religious, gender-based, or cultural persecution  
• Exit restrictions or compulsory military service  
• One-child policies or similar government practices  
• Indirect persecution (harm to family members)  
• Family unity concerns
   

The Member evaluates credibility by examining:

• Supporting documents and evidence  
• Consistencies in testimony and written submissions  
• Any omissions, implausible claims, or delays in the process  
• Overall demeanor and ability to respond to questions
   

The information provided on this page is for general awareness, is subject to change, and does not constitute legal advice. For legal guidance, please consult a qualified lawyer or legal service provider.