(I) Starting a Refugee Claim in Canada

This guide only applies to refugee claimants who are already in Canada when the request for refuge protection is made (please click here for information on out-of-Canada refugee claims).

Making a refugee claim in Canada can be a complicated process which can last one year or longer. During the processing of your refugee case you may be separated from your family in your country of nationality for lengthy periods of time and you may even be detained by Canadian authorities. It strongly advised that if possible a refugee lawyer be consulted prior to initiating a refugee claim in Canada.

• Before making a refugee claim review online information about the refugee claim process in Canada and, if possible, consult a refugee lawyer who can give you honest advice about the strength of your refugee case. You can find refugee lawyers in British Columbia by searching the internet, calling the CBA Lawyer Referral Service (604-687-3221) or asking a refugee agency for assistance.
  
  
• Refugee Claims in British Columbia can be initiated at different locations:
  
  
  • If arriving in Canada by airplane, a claimant can seek asylum at a Canadian airport such as Vancouver International Airport.
    
    
  • If arriving in Canada by ship or boat, a claimant can seek asylum at a Canadian naval port.
    
    
  • If arriving in Canada by vehicle form the USA, a claimant may seek asylum at the USA-Canada land border. However, because of the Canada-USA "Safe Third Country Agreement", most claimants will be turned back to the USA unless they qualify under the few exemptions to the Agreement (for more information on the exemptions click here for more information and speak to a lawyer).
    
    
  • If already in Canada, a claim can be initiated voluntarily at a Canadian immigration office inside Canada, for example, at 1148 Hornby Street in Vancouver.
    
    
  • Detained (jailed) refugee claimants can also seek refugee protection by asking their interviewing and/or arresting immigration officers for refugee protection. It is very important that this request be made with the authorities before a removal order from Canada is issued. Arresting officers and officer conducting interviews have no obligations to talk to you about a refugee claim and once they have issued you a removal order it becomes very difficult to request asylum in Canada. (If you or your family member is detained you can read more information here: LINK)Link to detention information, how to be released: bonds, family connections, identification.
  
  
• Once you have made a formal request for refugee protection in Canada, an eligibility interview will be scheduled to determine whether your refugee case can start. There are a number of reasons why your refugee case may not start, including: (i) you have previously made a refugee claim in Canada which has been refused or abandoned; (ii) you have committed serious criminal offenses in Canada (two years or more jail time) or outside of Canada; and several other reasons. If you are unsure whether your case will qualify for eligibility, you should speak with a lawyer.
  
  
  • If you are being detained (for example in a Vancouver jail or at the Vancouver International Airport) your eligibility interview will likely be scheduled within one to two days. If you are not being detained, your eligibility interview may be scheduled within one to two weeks.
    
    
  • In preparation of your eligibility interview, you may be asked to complete Schedule 1 (LINK). If possible, you should obtain the assistance of a lawyer or a refugee organization with the preparation of this form.
  
  
• Qualified refugee claimants will be issued a "Personal Information Form" ("PIF") after the eligibility interview. The claimants will have 28 days to complete the PIF and submit it to the Immigration and Refugee Board - Refugee Protection Division ("RPD").
  
  
• After obtaining the PIF you may wish to speak with or hire a refugee lawyer to assist you with your refugee case. You may be eligible to receive free legal assistance through the Legal Services Society of BC. For more information on requesting legal aid click here.