For individuals seeking protection from within Canada, the inland refugee claim process offers a structured pathway to obtaining refugee status. This comprehensive system, overseen by Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board of Canada (IRB), involves a series of steps, each with specific requirements and potential outcomes. This breakdown provides a detailed overview of the process, from initiating a claim to the final decision and the rights afforded to claimants.

Initiating a Refugee Claim

The first step for an individual inside Canada seeking refugee protection is to submit a claim to IRCC. This is typically done online through the IRCC portal. The claimant must provide personal information and the basis of their claim, outlining why they fear persecution, or are at risk of torture, cruel and unusual treatment or punishment in their home country.

Once the initial submission is complete, the claimant will be scheduled for an eligibility interview with an IRCC or Canada Border Services Agency (CBSA) officer. This interview is not to assess the merits of the refugee claim itself, but rather to determine if the claim is eligible to be referred to the IRB.

A claim may be deemed ineligible for several reasons, including:

• The claimant has been recognized as a Convention refugee in another country they can return to.
• The claimant has already been granted protected person status in Canada.
• The claimant arrived in Canada through the Canada-U.S. border under the terms of the Safe Third Country Agreement.
• The claimant has a previous refugee claim that was rejected, withdrawn, or abandoned.
• The claimant is inadmissible to Canada on grounds of security, serious criminality, or human or international rights violations.

If the claim is found eligible, it is referred to the Refugee Protection Division (RPD) of the IRB for a hearing.

The Basis of Claim (BOC) Form: The Cornerstone of Your Case

A crucial component of the refugee claim is the Basis of Claim (BOC) form, which includes a detailed personal narrative. This document is the cornerstone of your claim, and its importance cannot be overstated; many refugee claims will turn on the strength and credibility of this narrative. It is treated as sworn testimony by the IRB.

The narrative must contain, in chronological fashion, all the events and incidents that led to your well-founded fear of persecution or risk to your life. One of the primary tasks of the IRB member deciding your case is to determine your credibility. They will do this by comparing your testimony at the hearing with your written narrative. Your narrative and testimony must be consistent. Any contradictions or significant omissions—that is, raising a new, important event at your hearing that wasn’t in your narrative—can lead the board member to draw a negative conclusion about your truthfulness. Claimants sometimes have the bizarre idea that an incident should not be disclosed because it would “confuse” matters. They should be disabused of that notion. Leaving things out is done at your own peril.

A strong narrative goes beyond just listing events. It proactively addresses issues that the IRB member will likely consider:

• Internal Flight Alternative (IFA): The IRB will consider if you could have moved to a different part of your home country to be safe. Your narrative should explain why relocating within your country was not a safe or reasonable option, or detail how you tried to relocate and failed.
• State Protection: The IRB will want to know if you sought protection from the authorities in your home country, especially if it’s a democracy with a functioning police and judicial system. Your narrative should describe any attempts you made to go to the police, their actions (or inaction), and any follow-up. Explain why you didn’t seek protection if that was the case.
• Problematic Issues: Be upfront. If you returned to your country after the alleged persecution began, or if you delayed making your refugee claim in Canada or another country, your narrative must explain why.
• Agent of Persecution: Be very clear and detailed about who you fear—the individuals, groups, or entities. Vague descriptions are not enough. If you fear a “localized” group, you need to explain why they would have the ability to harm you anywhere in the country.
• Your “Profile”: The IRB may question why a notorious agent of persecution would target you specifically. Your narrative must provide sufficient detail about your personal circumstances, family, political opinions, or associations that would bring you to the attention of your persecutors. It’s important to dig deep and present the complete picture.

Wherever possible, your narrative should be supported by other evidence, like letters from witnesses to the events you describe. These documents must be disclosed to the IRB in advance of your hearing.

Remember, the refugee process is “front-loaded.” Your BOC and narrative must be as complete and accurate as possible from the very beginning. If material circumstances change after you submit your BOC, it is critical to formally amend it following the specific IRB rules. The more you prepare, the fewer issues you will face at your hearing. Take your narrative very seriously.

The Refugee Hearing at the Immigration and Refugee Board (IRB)

The refugee hearing is the core of the inland refugee process. It is an oral hearing before a member of the RPD, who will act as the decision-maker. The hearing provides the claimant with the opportunity to present their case in person, explain their fears, and answer questions from the RPD member.

You have the right to be represented by legal counsel at the hearing, and it is highly recommended to seek legal advice. The hearing is typically held in private and the proceedings are confidential. The RPD member will assess the credibility of your testimony and the evidence presented to determine if you meet the definition of a Convention refugee or a person in need of protection.

A Convention refugee is someone who is outside their home country and has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

A person in need of protection is someone in Canada who would face a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if returned to their home country.

The Decision and Potential Outcomes

Following the hearing, the RPD member will make a decision on the refugee claim. The decision can be one of the following:

• Positive Decision: If the claim is accepted, the individual is granted “protected person” status in Canada. This allows them to apply for permanent residency and eventually Canadian citizenship.
• Negative Decision: If the claim is rejected, the individual is not granted refugee protection. The reasons for the rejection will be provided in a written decision.

The Appeal Process

In the event of a negative decision, the claimant may have the right to appeal to the Refugee Appeal Division (RAD) of the IRB. The RAD will review the RPD’s decision for errors of law or fact. The appeal is typically based on the written record of the RPD hearing, but in some cases, a new hearing may be held.

If the RAD appeal is unsuccessful, the claimant may be able to seek a judicial review of the decision at the Federal Court of Canada. A judicial review is not an appeal on the merits of the case but rather a review of the decision-making process to ensure it was fair and in accordance with the law.

Rights and Responsibilities of Refugee Claimants

Throughout the inland refugee process, claimants in Canada have certain rights and responsibilities.

Rights include:

• The right to a fair hearing.
• Protection from being returned to a country where they would be at risk (refoulement).
• Access to social assistance to cover basic needs.
• Access to healthcare through the Interim Federal Health Program (IFHP).
• The right to apply for a work permit while awaiting a decision.

Responsibilities include:

• Attending all scheduled appointments and hearings.
• Keeping contact information up to date with IRCC and the IRB.

The inland refugee process in Canada is a complex legal journey. Understanding the various stages, requirements, and the rights and responsibilities involved is essential for anyone seeking protection. Seeking legal advice from a qualified immigration lawyer or a legal aid clinic is strongly recommended to navigate this process effectively.