Refugee claims in Canada 2026: eligibility, BOC, RAD, PRRA

Status on October 18, 2026. Bill C-12 became law on March 26, 2026. Two new ineligibility rules (the one-year rule and the 14-day rule) apply to claims made on or after June 3, 2025. The IRB practice notice on artificial intelligence has been in force since September 7, 2026. IRCC has announced changes to the online asylum application starting November 3, 2026. The asylum regulations proposed in June 2026 are not yet in force.

Asylum and resettlement are different systems

An asylum claim is made by a person who is already in Canada or arriving at a Canadian port of entry. Resettlement is for refugees outside Canada, who are referred or sponsored and selected abroad. Private refugee sponsorship is not a way to convert an asylum claim made in Canada, and an asylum claim is not an ordinary immigration route: IRCC warns that it must rest on a real need for protection.

Route	Where the person is	How it starts	Who decides
Asylum claim	In Canada, or arriving at a port of entry	The person asks Canada for refugee protection, online through the IRCC Portal or to a CBSA officer at the border	IRCC or the CBSA decides whether the claim is eligible to be referred; the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) decides the claim itself
Resettlement	Outside Canada	Referral by the UNHCR or another designated referral organization, or an eligible private sponsorship	IRCC, through its offices abroad

The legal test for protection

Convention refugee (IRPA s. 96)

A person outside their country who has a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group, and who cannot or will not seek that country's protection.

Person in need of protection (IRPA s. 97)

A person in Canada who would personally face a danger of torture, a risk to life, or a risk of cruel and unusual treatment or punishment if returned, subject to the limits in the Act.

Issues that often decide a case

Identity, credibility, state protection, an internal flight alternative, delay in claiming, trips back to the home country, re-availment, exclusion, and whether the risk is personal rather than general.

Gender and 2SLGBTQI+ claims

Sexual orientation, gender identity or expression, gender-based violence and family violence can engage a particular social group. Each claim still needs individual, carefully prepared evidence.

The 2026 law: who can reach an IRB hearing

Bill C-12 is lawThe Strengthening Canada's Immigration System and Borders Act (S.C. 2026, c. 4) received Royal Assent on March 26, 2026. It added two new grounds of ineligibility to IRPA section 101, and IRCC says they apply to claims made on or after June 3, 2025.
The one-year rule (IRPA 101(1)(b.1))A claim is not referred to the IRB if it is made more than one year after the person first entered Canada after June 24, 2020. Where the person entered more than once, the year runs from the first entry after that date, even if they left and came back.
The 14-day rule (IRPA 101(1)(b.2))A person who entered between official ports of entry on the Canada–US land border and claims more than 14 days later is not referred to the IRB. Within the first 14 days, the Safe Third Country Agreement applies instead.
Unaccompanied minors are exemptA temporary public policy dated May 19, 2026 exempts claimants who were under 18 when they claimed and have no parent or legally responsible adult in Canada from both new rules. It applies where eligibility is decided on or after May 19, 2026, until revoked.
Access to a PRRAIRCC says people caught by the new rules can still have their risk assessed through a pre-removal risk assessment (PRRA) before removal, when the CBSA tells them they are eligible.
Claims already referredThe Act allows an officer to notify the IRB that a claim already before the RPD is ineligible, which ends the RPD proceeding. A claim made on or after June 3, 2025 that was referred before March 26, 2026 may therefore still be found ineligible. Anyone in that position should have the file reviewed promptly.

Proposed, not in force. On June 19–20, 2026 the government published proposed amendments to the asylum regulations (Canada Gazette, Part I). They would, among other things, give claimants 60 days to submit a complete claim (with one 30-day extension), set a time limit for the Minister's checks before referral, issue work permits sooner after a complete claim, and repeal the designated-country-of-origin provisions. They would also exempt from the one-year rule a claimant who has submitted documents within one year of first entry but has not yet met an officer, and the comment period closed about July 20, 2026. We found no final regulations on the Canada Gazette as of October 18, 2026. Bill C-12 also authorizes further measures (only "schedule-ready" claims referred, abandonment if a claimant returns to the country of alleged persecution, removal orders taking effect on withdrawal) that are being brought in through regulations over time.

Screen eligibility before preparing the claim

Under IRPA section 101, a claim is ineligible for referral to the RPD if, for example:

the person already has refugee protection in Canada, or the IRB has rejected an earlier claim;
an earlier Canadian claim was found ineligible, withdrawn or abandoned;
the person made a claim in a country that shares immigration information with Canada;
another country has recognized the person as a Convention refugee and they can return there;
the person came from the United States through a land port of entry and no Safe Third Country Agreement exception applies;
the person is inadmissible on security, human or international rights, serious criminality or organized criminality grounds;
the one-year rule or the 14-day rule applies.

Ineligibility is not a refusal on the merits. It means the RPD never hears the claim. The person's file goes to the CBSA for removal, and the CBSA checks PRRA eligibility. Under IRPA 99(3), a person who is subject to a removal order cannot make a claim in Canada.

The Safe Third Country Agreement

Bill C-12 did not change the Canada–US Safe Third Country Agreement. It applies to claims made at a Canada–US land port of entry and to claims made within 14 days of crossing between ports of entry. These claimants are returned to the United States unless an exception in IRPR section 159.5 applies. The agreement does not apply at airports or harbour ports.

Family-member exceptions

A qualifying family member in Canada with the required status or pending claim may create an exception. The exact relationship and that person's status must be proven.

Unaccompanied minors

A minor with no parent or legal guardian in Canada or the United States may qualify under the definition in the Regulations.

Document holders

Certain Canadian visas, permits or other entry documents can bring a person within an exception.

Public-interest exception

A person charged with or convicted of an offence that could carry the death penalty may fall under the public-interest exception.

Two consequences to know. An exception only lets the claim continue through the rest of the eligibility screening; it does not prove the claim. A person whose claim is ineligible under the Safe Third Country Agreement cannot apply for a PRRA (IRPA 112(2)(b)), and a claim referred under an agreement exception has no appeal to the RAD.

How to make a claim

Where	How it starts	What follows
Inside Canada	Online through the IRCC Portal. Paper is available only as an accessibility accommodation. One Portal account can hold the whole family's claim.	An Acknowledgment of Claim letter, medical exam instructions and an in-person appointment for the eligibility interview, original passports and biometrics. If the claim is eligible: a confirmation of referral to the IRB and a Refugee Protection Identity Document (RPID).
Airport, land border or seaport	Tell a CBSA officer on arrival that you want to claim asylum.	An eligibility interview, identity checks and biometrics. The CBSA keeps passports until a final decision, and may tell the claimant to finish the claim online in the IRCC Portal.

Announced: changes from November 3, 2026. IRCC says the asylum application in the IRCC Portal changes on November 3, 2026. A claim not submitted by 11:59 p.m. Eastern Time on November 2, 2026 will have to answer new questions and review earlier answers; saved information is kept. A claim submitted by that time does not need new information unless IRCC asks. A claim started with the CBSA that is not linked to a Portal account by then must be linked and must answer the new questions.

Each claimant in the family needs their own Basis of Claim (BOC) form and identity documents. Anyone helping with the claim, paid or unpaid, must be named on a Use of a Representative form. Never invent dates, destroy identity documents or copy someone else's story; correct mistakes promptly and openly.

Since March 25, 2025, claimants receive a Refugee Protection Identity Document (RPID), valid for six years, instead of the former Refugee Protection Claimant Document. Existing claimant documents stay valid until they expire.

The Basis of Claim form and its deadlines

Type of claim	BOC deadline
Claim made inside Canada	The BOC is submitted with the claim in the IRCC Portal. By regulation, the documents must be provided no later than the day the officer decides eligibility (IRPR 159.8(1)). The IRB says inland claimants have 90 days from starting a Portal claim to finish it, or they must start again.
Claim made at a port of entry	The regulation sets 15 days after referral to the RPD (IRPR 159.8(2)). Under the RPD Practice Notice on Procedural Issues (effective September 9, 2024), the RPD currently allows 45 days after referral.

Ask early for more timeAn extension request must reach the RPD at least three working days before the deadline, with reasons. A request for medical reasons needs a recent medical certificate or an explanation of why one could not be obtained.
A missed deadline is seriousA late BOC leads to a special abandonment hearing. An abandoned claim is not heard, a new claim is barred, and removal usually follows.
Language and translationThe BOC must be in English or French. An interpreter who helps must sign the interpreter's declaration. The RPD does not accept software, web-service or AI translations.
Changes after filingUnderline additions, strike out deletions, date each changed page and sign the declaration again.

The IRB practice notice on artificial intelligence

The IRB Practice Notice on the Use of Artificial Intelligence in IRB Proceedings was signed on July 10, 2026 and came into force on September 7, 2026. It applies in all four IRB divisions and to parties, counsel and self-represented people.

Personal evidence must be your own

AI may not be used to draft or materially change personal evidence, including BOC narratives, affidavits and witness statements. AI may not be used to create or alter photos, videos, screenshots or other supporting evidence.

Declaration when AI is used

A document that AI generated or materially changed must carry a declaration that a named person reviewed and verified the AI content and the authenticity of every authority cited. Spellcheck, grammar and formatting tools do not need a declaration.

Translations and transcripts

Any use of AI for translation or transcription must always be disclosed. Translations still need a human translator's declaration, which must say whether AI was used.

Consequences

The IRB may refuse a document or give it no weight, draw negative credibility inferences, report counsel to their regulator, restrict counsel from appearing, or take other action.

In practice. Tell your story in your own words, with a human interpreter where needed. Keep a record of how every document was prepared. Do not paste personal or confidential information into public AI tools.

The RPD hearing

What the member examinesThe RPD member reviews the BOC, documents, testimony and country evidence, and may question identity, credibility, state protection, internal relocation, exclusion and the legal definitions.
Evidence deadlinesDocuments must reach the RPD and the other party at least 10 days before the hearing, or 5 days for documents that respond to another party's documents (RPD Rules, rule 34). Later documents need a late-disclosure application. Country-condition evidence is limited to 100 pages per country unless the RPD allows more.
Translations and filingTranslations must be done by a person, with a translator's declaration. Counsel file through the IRB's My Case portal.
InterpretersThe IRB provides an interpreter where needed. Confirm the exact language and dialect early and raise interpretation problems right away.
Contact details and attendanceReport any change of address or phone number to the IRB (Notification of Client Contact Information), IRCC and the CBSA. Missing a hearing can lead to an abandonment hearing.
Designated representativesThe RPD appoints a designated representative for every minor and for anyone unable to understand the proceedings.
RepresentationCounsel is not mandatory but can make a real difference. A paid representative must be a lawyer, a Quebec notary, a licensed paralegal in Ontario, or a Regulated Canadian Immigration Consultant (RCIC). Legal aid may be available depending on the province and the claimant's means.

Work, study and health coverage while waiting

Open work permit

Claimants request it by answering "Yes" in the online claim. There is no separate application and no fee while the claim is eligible and pending. It is issued only after the claim is found eligible and the medical exam is passed. Apply to extend before it expires.

Ineligible claims

A temporary public policy signed March 26, 2026 lets some people whose claims were found ineligible get an open work permit while they wait for PRRA eligibility, and stops an existing work permit from being cancelled when the removal order becomes enforceable. A new application and the $155 work permit fee apply. No end date is set.

Study

Adults need a separate study permit and a letter of acceptance from a designated learning institution; it cannot be requested inside the claim. Children can attend kindergarten to grade 12 without a study permit, using their RPID.

Health coverage

The Interim Federal Health Program (IFHP) gives limited, temporary coverage. Since May 1, 2026 there is a $4 co-payment per prescription and a 30% co-payment on other supplemental services; basic doctor and hospital care is still fully covered.

A claimant may withdraw a claim before a decision using the IRB Notice of Withdrawal form. IRCC says a person who withdraws cannot claim again, so this step needs advice first.

After the RPD decision

Outcome	What it means	Next step
Claim accepted	The person becomes a protected person.	Apply for permanent residence; declare all family members; get advice before using a home-country passport or travelling.
Claim rejected	Protection was refused on the merits.	Check right away whether a RAD appeal is available and track the 15-day deadline; otherwise consider Federal Court judicial review.
Rejected with "no credible basis" or "manifestly unfounded"	The RPD made a special finding in its reasons.	No RAD appeal. Judicial review and removal timing must be assessed urgently.
Withdrawn or abandoned	The merits were not decided.	A new claim is barred; removal follows. Assess PRRA timing and other limited options.
Found ineligible	The claim never reached the RPD. IRCC says the removal order comes into force seven days after the ineligibility decision unless it is stayed, and a study permit is cancelled automatically when it does.	No RAD appeal. Assess PRRA eligibility, the work-permit policy for ineligible claims and judicial review of the ineligibility decision. A person who leaves voluntarily cannot return for one year without an Authorization to Return to Canada.

Refugee Appeal Division: deadlines and who can appeal

Step	Deadline
Notice of appeal	15 days after receiving the RPD's written reasons (IRPR 159.91)
Appellant's record (perfecting the appeal)	45 days after receiving the written reasons. The regulation says 30 days, but a RAD practice notice in force since September 28, 2020 extends it to 45 days for all appeals, and the IRB's current guide gives 45 days.

Day countingDays are calendar days. Written reasons sent by mail are treated as received seven days after mailing.
Late filingA missed deadline needs an application for an extension of time, supported by an affidavit or solemn declaration. Extensions are not automatic.
How the RAD decidesThe RAD usually decides on the written record. New evidence is limited to evidence that arose after the rejection or was not reasonably available. A hearing is held only in narrow circumstances. The appellant's memorandum is limited to 30 pages if typed on one side (15 if typed on both sides).
No RAD appealDesignated foreign nationals; withdrawn or abandoned claims; decisions with a no-credible-basis or manifestly-unfounded finding; claims referred under a Safe Third Country Agreement exception at the land border; decisions on the Minister's cessation or vacation applications; and a few older or special cases listed by the IRB.

Federal Court judicial review

Judicial review asks the Federal Court whether a decision was lawful, fair and reasonable. It is not a new hearing of the claim. The Court must first grant leave, and any available appeal (such as the RAD) must be used first.

Short deadlinesThe application for leave must be filed within 15 days for a decision made in Canada, or 60 days for a decision made outside Canada, from the day the person was notified (IRPA s. 72). A judge may extend the time for special reasons.
RemovalIRCC says that while the Court reviews a RAD decision, the removal order is on hold. For an RPD decision that could not be appealed to the RAD, the removal order is not on hold, and a separate stay motion may be needed.
Who can represent youIn the Federal Court a person may represent themselves or be represented by a lawyer who is a member of a Canadian law society. Immigration consultants, including RCICs, cannot represent clients or give advice on the court case, except where the Court allows it in special circumstances.

How Ghasedak can help. Farnoosh Mostaed, RCIC #R706857, represents clients before IRCC and the IRB, including the RPD and the RAD. Judicial review in the Federal Court needs a lawyer. When a file may need it, we tell you as early as possible so the 15-day deadline is not lost, and we can refer you to a lawyer.

Pre-removal risk assessment (PRRA) and stays of removal

Only after a CBSA noticeA person in Canada under an enforceable removal order can apply for a PRRA only when the CBSA tells them they are eligible.
DeadlinesThe application is due 15 days after notification, and written submissions within a further 15 days. A notice sent by mail is treated as given seven days after it was sent.
Stay of removalAn application made within the 15-day window stays removal until the decision. Late applications and some others do not get this stay.
The 12-month barA PRRA generally cannot be made within 12 months of a rejected, withdrawn or abandoned refugee claim (counted from the last IRB or Federal Court decision) or a previous PRRA. A first ineligibility finding under the new one-year or 14-day rule does not itself start this bar.
Country exemptions from the barIRCC exempts some nationalities from the 12-month bar for decisions made in set periods. Current entries include Iran (exemption effective December 19, 2025, for decisions dated December 20, 2024 to December 19, 2025), Uganda (effective June 19, 2026, for decisions dated June 20, 2025 to June 19, 2026) and Israel and Palestine (effective September 29, 2026, for decisions dated September 30, 2025 to September 29, 2026). An Iranian national whose RPD or RAD decision falls outside that window is not covered by the Iran exemption. Check the decision date against IRCC's list.
No PRRAPeople found ineligible under the Safe Third Country Agreement, people subject to extradition, and people already protected in Canada or recognized as refugees elsewhere cannot use a PRRA. Serious inadmissibility limits what a PRRA can grant.
Do not leaveLeaving Canada while a PRRA is pending ends the application. A positive PRRA generally makes the person a protected person who can apply for permanent residence.

Administrative deferrals and temporary suspensions of removal

The CBSA maintains the official lists. A deferral or suspension does not cancel a removal order, give refugee status or grant permanent residence, and people inadmissible for serious grounds such as criminality or security generally do not benefit. The list below was checked against the CBSA page modified October 5, 2026.

Measure	Countries or places
Administrative Deferral of Removals (ADR)	Somalia (Middle Shabelle, Afgoye and Mogadishu); Gaza Strip; Ukraine; Syria; Mali; Central African Republic; South Sudan; Libya; Yemen; Venezuela; Haiti; Iran; Sudan; Lebanon; Israel
Temporary Suspension of Removals (TSR)	Afghanistan; Democratic Republic of the Congo; Iraq

Permanent residence for protected persons

Who applies

People the IRB accepted as Convention refugees or persons in need of protection, and people with a positive PRRA. Protection does not itself grant permanent residence; a separate application under guide IMM 5205 is needed.

Fees

$660 for the principal applicant, $660 for a spouse or partner and $180 per dependent child. Protected persons do not pay the right of permanent residence fee. Biometrics are $85 per person or $170 per family.

Family members

List every family member, in Canada or abroad. A spouse or child left off the application cannot be sponsored later. Family abroad who were listed can apply for permanent resident visas within one year after the principal applicant becomes a permanent resident (IRPR 176).

2026–2027 initiative

IRCC says up to 115,000 additional protected-person applications outside Quebec will be processed over 2026–2027 within available space, considered automatically with no separate registration. Quebec applicants first need a Quebec selection certificate (CSQ).

Refugees resettled from abroad have a separate one-year window (IRPR 141) for family members who were included in their application but could not travel with them. An accepted claim in Canada does not by itself give access to that process.

Cessation, vacation and travel risks

Cessation

Protection can end on grounds in the Act, including voluntarily seeking the home country's protection again. Getting or renewing a home-country passport, or travelling back, can raise a presumption of re-availment that must be rebutted.

Vacation

The RPD can set aside a protection decision obtained through misrepresentation or withheld material facts. This is a separate process from cessation.

Effect on permanent residence

These proceedings can affect permanent resident status as well as protection.

Before you travel

Get individual advice before applying for a home-country passport or travelling to the home country, even after becoming a permanent resident.

Resettlement from abroad

Government-Assisted Refugees (GAR)

Referred by the UNHCR or another designated referral organization; initial support comes from the Government of Canada.

Privately Sponsored Refugees (PSR)

Sponsorship Agreement Holders and their constituent groups remain open. Sponsorship usually lasts one year. Individuals cannot sponsor alone.

Blended Visa Office-Referred (BVOR)

Government and private sponsors share support for refugees already identified overseas. Groups of Five can currently sponsor only through BVOR.

No direct application

A refugee abroad cannot simply apply to Canada. A referral or a valid private sponsorship is needed. Quebec selects the refugees it resettles.

Private sponsorship stream	Status on October 18, 2026
Sponsorship Agreement Holders	Open, subject to annual allocations
Groups of Five (general intake)	Paused until December 31, 2026; applications already submitted continue to be processed
Community Sponsors	Paused until December 31, 2026; applications already submitted continue to be processed

Frequently asked questions

I have been in Canada for more than a year. Can I still claim asylum?

If you first entered Canada after June 24, 2020 and your claim is made on or after June 3, 2025, more than one year after that first entry, the claim is ineligible for an IRB hearing, unless you are an unaccompanied minor. You may still have your risk assessed through a PRRA when the CBSA tells you that you are eligible. Get advice before filing.

Can someone use ChatGPT or another AI tool to write my BOC story?

No. Since September 7, 2026 the IRB prohibits using AI to draft or materially change personal evidence such as a BOC narrative, and machine translations are not accepted. Breaking these rules can damage your credibility.

How long do I have to appeal a negative RPD decision?

Where a RAD appeal is available, the notice of appeal is due 15 days after you receive the written reasons, and the appellant's record 45 days after. Contact a representative the day the decision arrives.

Will an H&C application stop my removal?

No. A humanitarian and compassionate application does not stay removal, and it cannot be filed while a claim is pending before the RPD or RAD, or within 12 months of a negative decision, subject to limited exceptions. See our H&C guide.

Official sources

This page is general information about Canadian immigration law and policy as of the date above. It is not legal advice for your situation. Programs, forms and fees change often; check the official sources before you apply.

Refugees and asylum: Canada's protection system in 2026.