Refugee Claims in Canada  

Seeking Protection in Canada: Understanding Refugee Claims  

If you fear persecution, torture, or risk to your life in your home country, you may be eligible to make a refugee claim in Canada. The Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) evaluates these claims to determine if you qualify for protection as a Convention refugee or a person in need of protection.  

Who Can Make a Refugee Claim?  

You may be eligible if you face risks such as:  

✔ Persecution based on race, religion, nationality, political opinion, or membership in a social group  
✔ Torture or cruel treatment  
✔ Risk to life due to war, violence, or other dangers  

You cannot make a claim if you:  
– Have a criminal record in Canada  
– Were previously denied refugee status in Canada  
– Came to Canada through the Safe Third Country Agreement (with some exceptions)  

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 The Refugee Claim Process: Step by Step  

1. Making the Claim  
– Where to Apply: At a port of entry (airport, land border) or inside Canada at an IRCC office.  
– Initial Screening: CBSA or IRCC will assess your eligibility to make a claim.  

2. Submitting Your Basis of Claim (BOC) Form  
– You must submit a BOC form within 15 days (if applying in Canada) or 45 days (if at a port of entry).  
– This form explains why you need protection and provides evidence (e.g., police reports, medical records, witness statements).  

3. Waiting for a Hearing  
– The RPD schedules a hearing, usually within 1-2 years (urgent cases may be expedited).  
– During this time, you can apply for a work permit and healthcare coverage.  

4. The RPD Hearing  
– You (and your lawyer/consultant, if you have one) present your case to an RPD member.  
– The Minister of Public Safety (CBSA/IRCC) may intervene if they oppose your claim.  
– The member will ask questions about your fear of return and assess credibility.  

5. The Decision  
– Accepted: You get protected person status and can apply for permanent residency.  
– Rejected: You may appeal to the Refugee Appeal Division (RAD) or seek judicial review at the Federal Court.  

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How We Can Help With Your Refugee Claim  

Filing a strong refugee claim requires detailed evidence, legal knowledge, and persuasive storytelling. My services include:  

1. Eligibility Assessment  
– Reviewing your case to confirm you qualify for a refugee claim.  
– Identifying potential challenges (e.g., Safe Third Country Agreement issues).  

2. Preparing Your Basis of Claim (BOC) Form  
– Helping draft a clear, convincing narrative of your persecution.  
– Gathering supporting documents (country condition reports, affidavits).  

3. Hearing Preparation & Representation  
– Conducting mock hearings to prepare you for questioning.  
– Representing you at the RPD hearing and responding to legal concerns.  

4. Post-Decision Support  
– Assisting with appeals (if rejected).  
– Guiding you through permanent residency applications (if accepted).  

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Hypothetical Case Example

Case 2: Political Activist Fleeing Persecution  

Issue: A journalist from Honduras received death threats after exposing corruption.  

Our Action:  
– Collected news articles and police reports showing targeted attacks.  
– Obtained a letter from a Canadian journalism organization supporting his case.  

Outcome: Recognized as a Convention refugee.  

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Pricing Structure  

Refugee claims require extensive preparation. Fees vary based on case complexity:  

Service	Fee Range
Initial Consultation	$200–$400
Basic Refugee Claim Preparation	$3,000–$5,000
Complex Case (e.g., credibility issues, Minister’s intervention)	$5,000–$8,000+
RAD Appeal (if rejected)	$2,500–$5,000

Additional costs may apply for translation of documents, expert reports, or urgent filings.  

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 Frequently Asked Questions (FAQ)  

1. How long does the refugee process take?

– Average processing time: 12–24 months.  
– Urgent cases (e.g., imminent deportation risk) may be expedited.  

2. Can I work while waiting for my hearing?

Yes! Once your claim is eligible, you can apply for a work permit.  

3. What if my claim is rejected?

You may:  
✔ Appeal to the Refugee Appeal Division (RAD) within 15 days.  
✔ Seek judicial review at the Federal Court.  
✔ Explore other immigration options (e.g., H&C application).  

4. Do I need a lawyer for my claim?

While not required, legal representation significantly improves success rates. The RPD process is complex, and mistakes can lead to refusal.  

5. Can my family join me if my claim is accepted?

Yes! Once you become a protected person, you can sponsor family members.  

Note: Case results vary; this FAQ provides general information only.

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Official Resources  

For more details, refer to:  
– IRB RPD Overview 
– How to Make a Refugee Claim   
– Basis of Claim Form Guide 

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Need Help With Your Refugee Claim?  

The sooner you seek legal advice, the stronger your case will be.  
📞 Phone: (514) 607-5999
✉ Email: Through the Contact form here