Refugee Lawyer Brampton

Are You Eligible to Make a Refugee Claim?

To be eligible to make a refugee claim in Canada, you must currently be in Canada and not be subject to a removal order. Your claim also needs to meet specific criteria before it can be referred to the IRB, and it may be found ineligible if, among other reasons, another country has already recognized you as a Convention refugee, you arrived through the Canada–United States border, you previously made a refugee claim in another country, or you have prior inadmissibility, abandonment, or rejection issues in Canada.

If you’re outside Canada, you may still have options — including resettlement as a refugee through a sponsorship path such as Group of Five (G5), or immigration through programs like Express Entry or a Provincial Nominee Program.

Making a Claim at the Border or From Within Canada

Refugee claims can be made at a Canadian port of entry or from within Canada. At the border, this means completing application forms and providing documentation to a border services officer; eligible claims are referred to the IRB for processing. If instead you’re directed to complete your claim online, you’ll need to register on the Canadian Refugee Protection Portal and upload your Basis of Claim form, travel or identification documents, and any supporting evidence — such as proof of entry, evidence of political or group memberships, police or medical reports, or documentation of persecution or ill treatment.

What Happens After You Submit Your Claim

IRCC or the border services officer reviews your claim for eligibility, collects biometrics, and may conduct an interview. If your claim is found eligible, it’s referred to the IRB, which schedules a hearing and issues a notice with the location, time, and date. If it’s found ineligible, it isn’t referred to the IRB, and an enforceable removal order is issued instead.

If Your Claim Is Approved

Following the hearing, the IRB may grant “protected person” status, which allows you to remain in Canada and apply for permanent residency. Protected person status isn’t necessarily permanent, however — it can later be reviewed through a Cessation & Vacation of Status Hearing if circumstances change or new information comes to light.

If Your Claim Is Denied

A refused claim isn’t necessarily the end of the road. Depending on your circumstances, you may be able to pursue a Refugee Claim Appeal to the Refugee Appeal Division, seek a Judicial Review at the Federal Court, apply for a Pre-Removal Risk Assessment, request a Stay of Removal Orders, or apply for permanent residence on humanitarian and compassionate grounds. Which options are available depends on the specifics of your claim and how it was refused.

Why Choose Batra Law Offices for Your Refugee Claim

• Experienced refugee lawyer serving Brampton, Toronto, and the GTA
• Representation at Refugee Protection Division hearings before the IRB
• Support with appeals, judicial reviews, and pre-removal risk assessments
• Guidance on eligibility, documentation, and the Basis of Claim process
• Immigration and refugee law representation across Canada

Frequently Asked Questions

Would I have free healthcare during my refugee claim processing?

Yes — through the Interim Federal Health Program (IFHP), you can access limited free healthcare services while your claim is processed.

How long does IFHP coverage last?

Coverage continues until certain conditions are met, such as loss of eligibility or obtaining provincial health coverage.

Can I use IFHP coverage for immigration medical exams?

Yes, it covers the cost of one Immigration Medical Exam for eligible claimants.

How can I become eligible to file a refugee claim in Canada?

You need to show a well-founded fear of persecution, torture, or cruel and unusual treatment in your home country.

What happens during a refugee hearing at the RPD?

You present your case to the Refugee Protection Division and provide supporting evidence.

Can I appeal if my refugee claim is rejected?

Yes, in most cases you can appeal to the Refugee Appeal Division (RAD).

What are my options if my refugee claim is denied in Canada?

You may be able to appeal to the RAD, request a judicial review, apply for permanent residence on humanitarian and compassionate grounds, or apply for a PRRA if facing deportation.

Can I work in Canada if my refugee claim is denied?

A work permit may remain available while a decision is pending, but this generally ends once a negative outcome is issued.

Are there organizations providing legal aid to refugees in Canada?

Yes, several organizations offer assistance navigating the refugee claim process.

Can I travel outside Canada while my claim is pending?

This is complex and can affect your claim — proper authorization should be obtained before any travel.

What is the Safe Third Country Agreement?

It’s an agreement between Canada and the United States that generally requires claimants to seek asylum in the first safe country they reach.

Can I appeal if denied at the border?

Options such as judicial review at the Federal Court may be available depending on the circumstances.

What steps can I take if both my PRRA and refugee claim are rejected and CBSA is asking me to leave Canada?

You can request a deferral, initiate a judicial review, or file a stay motion.

Can a judicial review be initiated after both the PRRA and refugee claim have been rejected?

Yes, a judicial review can be pursued at the Federal Court to challenge both the PRRA and refugee claim rejections.

What is the typical duration of a refugee hearing?

Hearings generally run about one and a half to two hours, though this varies based on complexity.

What happens after the hearing at the RPD?

The Board Member may give an immediate oral decision or issue a written decision later.

Who may be present to ask additional questions during the hearing?

A representative from Immigration, Refugees and Citizenship Canada (IRCC) may join the Board Member at the hearing.

Can I appeal if I’m from a Designated Country of Origin (DCO)?

No, but you can still consider an H&C application or a PRRA.

What is the purpose of a Pre-Removal Risk Assessment (PRRA)?

It allows you to present new evidence of danger in your home country that differs from your original claim evidence.

What is the Resettlement Assistance Program (RAP)?

It helps government-assisted refugees with needs like housing, settlement services, and income support for up to a year.

What is the Immigration Loans Program?

It offers loans for immigration-related expenses such as medical exams and travel documents.

What is the purpose of Assistance Loans in Canada?

Assistance Loans help refugees cover settlement expenses such as housing and household items.

How are loans from the Immigration Loans Program repaid?

Loans are repaid gradually over time, helping refugees manage their finances while settling in Canada.

Book a Consultation With a Brampton Refugee Lawyer

Get clear guidance on your refugee claim, appeal, or removal risk. Contact Batra Law Offices today to book a consultation.