The Process

If you make a refugee claim in Canada and you already have a study or work permit, you may continue using the permits until a decision is made on your claim. If the decision is ultimately negative and your refugee claim is rejected, then you will need to leave Canada regardless of the validity of your work or study permit.

When you make a refugee claim in Canada, a departure order will be issued. This departure order is then automatically “stayed” (not enforced) until your refugee claim is decided. If your refugee claim is refused, the departure order will come into effect and you will have 30 days to voluntarily leave the country. If you do not leave within that time frame, a deportation order will take effect and you will be removed from Canada.

When making a refugee claim, you will have to surrender your passport to Canadian Immigration and will thus be unable to leave the country while your claim is being processed, which in some cases can take many years. If you do decide to leave the country before a decision is made on your refugee claim, your claim will be considered “abandoned” and you will forfeit your right to refugee protection in Canada. It will also be very difficult for you to enter Canada again in the future.

If you make a refugee claim and it is successful, you cannot return to your home country (the country you made a refugee claim against). This would signify to Canada that your life is no longer at risk in that country, and could therefore jeopardize the protection afforded to you by Canada.

If you make a refugee claim in Canada, you will lose the opportunity to apply for permanent residence in Canada through many popular economic programs (for example the Atlantic Immigration Pilot Program or the Provincial Nominee Program). You should therefore carefully explore all possible options to obtain permanent residence in Canada before making a refugee claim, as once a claim is made, you cannot change your mind to pursue a different immigration option.

If you are entering Canada at the Canada-United States border, you must review the rules carefully to determine if you will be eligible to make a refugee claim. You must meet one of the exemptions in the “Safe Third Country Agreement”, such as having a relative living in Canada as a permanent resident or citizen, to be eligible. If you are not eligible, you will be turned away at the border. Read about the ‘Safe Third Country Agreement’ HERE.

It is possible to apply for a work permit at the same time as submitting your refugee claim. In the time between when you apply and when you receive this work permit, you are not able to work nor are you able to receive social assistance. However, if you held a work permit prior to making your refugee claim, you will be able to continue working with that permit until it expires or until a decision is made on your claim.

Similarly, you are able to apply for a study permit at the same time as your refugee claim. In the time between when you apply and when you receive this study permit, you are not able to study unless you held a study permit prior to making a refugee claim. If this is the case, you will be able to continue studying with that permit until it expires or until a decision is made on your claim.

As a refugee claimant, you are entitled to health coverage under the Interim Federal Health Program (IFHP). This coverage is linked to your status as a refugee claimant in Canada. Information on how to renew your IFHP coverage may be found HERE. 

Once you submit a refugee claim and complete your medical exam, you will receive your work permit. Once you have your work permit, take this document and your Refugee Protection Claimant Document to Service Canada to request a Social Insurance Number (SIN). When you have a SIN, call Social Development and ask for social assistance. This financial aid is not guaranteed and your eligibility will be determined by Social Development. To be eligible you must meet a series of criteria. Without a SIN, you will not be considered eligible to receive social assistance. For more information, contact Social Development and read more HERE.

Once you are a protected person in Canada, you have three months to apply for a provincial Medicare card. In that time period your IFHP coverage will expire, so it is very important to apply for Medicare right away. Click HERE for information on how to apply for Medicare in New Brunswick.

If you have difficulty obtaining Medicare coverage in New Brunswick, you can contact the Medicare Advocate’s Office for assistance: Medicare.Client.@gnb.ca

You have three options when applying for your SIN: online, in person, or by mail. You will need a SIN in order to work in Canada. Read more about the application process HERE.

If you need to leave Canada following the acceptance of your refugee claim, you must apply for a Refugee Travel Document, as Immigration will retain possession of your passport until your Permanent Resident card is obtained.

The Refugee Travel Document is valid for travel to all countries except for the country of persecution. Find more information on how to apply HERE.

If you have immediate family members abroad (spouse or dependent children), you will be able to include them on your application for permanent residence. With respect to extended family members (such as parents or grandparents) you may be able to sponsor them to join you in Canada after you obtain permanent residence status, although these programs fill up quickly and may be difficult to access. More information on family sponsorship can be found HERE.

The ADR is a temporary measure deferring removal in situations of humanitarian crisis. Once the situation of humanitarian crisis in a country stabilizes, the ADR will be lifted and the Canada Border Services Agency (CBSA) will proceed with the removal of individuals who have a removal order in effect.

The TSR program interrupts removals to countries where general conditions pose a risk to the entire civilian population (for example, armed conflict or substantial environmental disaster). Read more about the ADR and TSR HERE.

If your refugee claim is denied, you will be sent a copy of the decision along with a CD recording of your hearing and appeal forms. You will have 15 days to appeal the decision by completing the forms and submitting them to the IRB Refugee Appeal Division. If the reason for the refusal is a credibility finding, it may be difficult to succeed with an appeal. You should seek advice from a lawyer or, if you cannot afford a lawyer, the Refugee Clinic. Read more about the appeal process HERE.

To apply for judicial review, you must file an Application for Leave and Judicial Review with the Federal Court of Canada. A judicial review hearing will only be scheduled if your Application for Leave is successful. Judicial review is a technical process that is helpful in only a small number of cases. Even if you are successful, the Federal Court will not grant your refugee claim; it will simply send the file back to be adjudicated again by a different Board member. If you are considering a judicial review, you should seek legal advice.

In some cases, a denied refugee claimant may have grounds to apply to remain in Canada on humanitarian and compassionate (H&C) grounds. Except in exceptional cases (for example, if a minor child is involved), you must wait a full year after refusal of your refugee claim before filing an H&C application.

As making an H&C claim after a failed refugee claim will not delay your deportation from Canada, this option is most useful for persons who cannot be removed from Canada because their country is under an Administrative Deferral or Temporary Suspension of Removals. More information about an H&C application can be found HERE.