Start by separating asylum from refugee resettlement.
Private refugee sponsorship is not a way to convert an in-Canada asylum claim. An asylum claim is not a regular immigration shortcut and must be based on a real need for protection.
| Route | Where the person is | How it starts | Decision-maker |
|---|---|---|---|
| Asylum claim | In Canada or arriving at a Canadian port of entry | The person personally asks Canada for refugee protection | IRCC/CBSA first decides referral eligibility; the IRB Refugee Protection Division decides the protection claim |
| Resettlement | Outside Canada | Referral by UNHCR/another referral organization, or an eligible private sponsorship | IRCC assesses the overseas resettlement application |
The legal protection test is personal—not just about difficult country conditions.
Convention refugee
A person outside their country with a well-founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group, who cannot or will not seek that country’s protection.
Person in need of protection
A person in Canada who would personally face torture, a risk to life, or cruel and unusual treatment or punishment on return, subject to statutory limits.
Common case issues
Identity, credibility, state protection, internal flight alternative, delay, return trips, re-availment, exclusion and whether the risk is personalized are often central.
2SLGBTQI+ and gender claims
Sexual orientation, gender identity or expression, gender-based violence and family violence can engage a particular social group, but every claim still requires safe, trauma-informed evidence and an individual assessment.
The 2026 law changed who can reach an IRB hearing.
- 01
Bill C-12 received Royal Assent on March 26, 2026. For claims made on or after June 3, 2025, a claim is ineligible for IRB referral if it was made more than 1 year after the person first entered Canada after June 24, 2020—even if the person later left and returned.
- 02
A claim is also ineligible if the person entered between official ports of entry along the Canada–US land border and made the claim more than 14 days later.
- 03
Unaccompanied minors are exempt under the published temporary public policy. People caught by a new rule can still receive a pre-removal risk assessment before removal if eligible.
- 04
The Safe Third Country Agreement did not disappear: at the Canada–US land border and within 14 days after irregular crossing, return to the United States still applies unless an STCA exception or exemption is established.
- 05
June 2026 asylum regulations described by the government remain proposals until brought into force. The site distinguishes proposed modernization from rules already in effect.
Screen referral eligibility before preparing the merits of a claim.
- 01
A claim may be ineligible because of the new 1-year or 14-day rules, the Safe Third Country Agreement, a previous Canadian refugee claim, a claim already found ineligible, withdrawn or abandoned, protected status in another country, or serious criminality/security concerns.
- 02
A person recognized as a Convention refugee by another country to which they can return generally cannot have the same protection question referred in Canada.
- 03
War crimes, crimes against humanity, serious non-political crimes and acts contrary to UN purposes can lead to exclusion even where fear is genuine.
- 04
Ineligibility is different from a refusal on the merits. It means the RPD does not hear the claim; removal-risk options and work authorization must then be assessed separately.
The Canada–US Safe Third Country Agreement has narrow exceptions.
An exception only allows the claim to proceed to the rest of the eligibility screening; it does not prove the refugee claim.
Family-member exceptions
A qualifying family member in Canada with the required status or pending protection matter may create an exception; the exact legal relationship and status must be proven.
Unaccompanied minors
A minor without a parent or legal guardian in Canada or the United States may qualify under the published definition.
Document-holder exceptions
Certain Canadian visas, permits or other admission documents can matter.
Public-interest exceptions
A person charged with or convicted of an offence that could lead to the death penalty may fall under the public-interest exception, subject to the rules.
How to make and complete a claim.
Each family member claiming protection needs the required forms. A claimant must not invent dates, destroy identity documents or copy a generic story. Corrections should be made promptly and transparently.
| Location | Starting point | Critical next work |
|---|---|---|
| Inside Canada | Use the current IRCC asylum online process and submit complete information and documents | Complete identity, family, travel and claim forms; attend eligibility and biometrics/medical steps; keep IRCC and IRB contact details current |
| Airport, land or marine port of entry | Tell a CBSA officer that you want to claim asylum | Complete the officer’s process and, if instructed, finish the claim online; follow the issued referral and BOC instructions exactly |
Build the Basis of Claim and evidence as one consistent record.
- 01
Create a dated chronology covering identity, residence, relationships, political/religious/social activity, threats, harm, police or state response, moves within the country, departures, returns and the decision to claim.
- 02
Connect every key allegation to available documents: identity and civil records, police/medical/court material, messages, photos, membership or employment records, witness statements and reliable country evidence.
- 03
Explain missing evidence, delay in claiming, travel back to the country, inconsistencies, aliases, status in other countries and attempts to seek state protection. Silence can become a credibility problem.
- 04
File evidence in the required language and format, with compliant translations, before the IRB deadline. Keep originals and proof of delivery.
- 05
Trauma, disability, age, sexual orientation, gender identity and other vulnerabilities may support a request for procedural accommodation; they do not excuse an incomplete record without explanation.
The RPD hearing is a legal hearing, not an interview rehearsal.
- 01
The RPD member reviews the BOC, documents, testimony and country information and may question identity, credibility, state protection, internal relocation, exclusion and the legal definition.
- 02
An interpreter is provided where required. Confirm the exact language and dialect early and report interpretation problems immediately.
- 03
Meet every deadline, attend the hearing and update address and counsel information. Missing a BOC deadline, abandonment hearing or refugee hearing can lead to abandonment and bar another claim.
- 04
Counsel is not mandatory but can be important. Paid representatives must be authorized; provincial legal aid may be available depending on location and finances.
Work, study, health coverage and basic support while waiting.
Open work permit
An eligible claimant can request a fee-exempt open work permit under the asylum process. Medical and claim-completeness requirements apply; extend before expiry to preserve work authorization.
Ineligible claim
A March 26, 2026 temporary policy may let some people whose claims are ineligible obtain or extend an open work permit while awaiting future PRRA eligibility, but a new permit application and fees may apply.
Study
Adults generally need a separate study permit and DLI letter. Claimant children may attend kindergarten through secondary school using their refugee claimant document without a study permit.
Health
The Interim Federal Health Program can provide temporary basic, supplemental and prescription coverage to eligible claimants and refugees. Use registered providers and verify coverage.
After the RPD decision: act immediately.
| Outcome | What it means | Next step |
|---|---|---|
| Claim allowed | The person becomes a protected person | Review permanent residence, family disclosure, travel-document and status consequences; do not use the home-country passport without advice |
| Claim rejected | Protection was refused on the merits | Assess RAD appeal eligibility, Federal Court judicial review and removal timing immediately |
| Claim withdrawn or abandoned | The merits were not decided | Future claims are generally barred; assess removal and limited risk/H&C options urgently |
| Claim ineligible | The claim was not referred to the RPD | Assess PRRA timing, the 2026 work-permit policy, STCA consequences and any review remedy |
Appeal and court deadlines are short.
- 01
Where a Refugee Appeal Division appeal is available, the Notice of Appeal is generally due within 15 calendar days after receiving the written RPD reasons.
- 02
The appellant’s record is generally due within 45 calendar days after receiving the written reasons under the current IRB practice notice. The RAD usually decides on the written record, although a hearing may be ordered in limited circumstances.
- 03
Not every rejected claimant has a RAD appeal. Federal Court judicial review has its own short filing deadline and does not automatically operate like a full appeal.
- 04
A missed deadline requires an extension request and evidence; an extension is not automatic. Seek qualified legal help as soon as a negative decision arrives.
PRRA and protected-person permanent residence are different steps.
PRRA
Only apply when CBSA gives a formal notice and application opportunity. A 12-month bar commonly follows a negative, withdrawn or abandoned claim, with country exceptions; other statutory exclusions apply.
Protected-person PR
A successful RPD claim or positive PRRA grants protected-person status, not automatic PR. A separate permanent-residence application is required.
Family
Declare all family members and follow examination instructions. Omitted family information can create serious later problems.
2026–2027 initiative
IRCC says up to 115,000 additional existing protected-person applications outside Québec will be considered automatically within available space; no separate registration is required.
Current ADR and TSR country lists are maintained by CBSA.
List checked against the live CBSA page on August 14, 2026. ADR or TSR does not cancel a removal order, create refugee status or grant permanent residence. People with serious inadmissibility, including national-security or criminality grounds, generally do not benefit, and measures can be lifted when country conditions change.
| Measure | Current countries or places | What it means |
|---|---|---|
| Administrative Deferral of Removals (ADR) | Certain regions of Somalia (Middle Shabelle, Afgoye and Mogadishu); Gaza Strip; Ukraine; Syria; Mali; Central African Republic; South Sudan; Libya; Yemen; Venezuela; Haiti; Iran; Sudan; Lebanon; Israel; United Arab Emirates; Kuwait; Bahrain; Qatar | A temporary CBSA deferral used for an urgent humanitarian crisis. It is generally faster to impose than a TSR. |
| Temporary Suspension of Removals (TSR) | Afghanistan; Democratic Republic of the Congo; Iraq | A suspension imposed by the Minister of Public Safety when generalized conditions endanger the civilian population. |
Resettlement from abroad: GAR, PSR and BVOR.
Government-Assisted Refugees
Usually referred by UNHCR or another designated referral organization; government-funded initial support is provided after selection.
Sponsorship Agreement Holders
Approved organizations sponsor directly or through constituent groups. IRCC set a 2026 SAH cap measured by persons.
Blended Visa Office-Referred
Government and private sponsors share support for refugees already identified overseas.
No direct self-application
A person abroad generally cannot simply submit a GAR form to Canada; referral or a valid sponsorship process is required.
Paused and closed refugee programs are clearly marked.
| Program | Current status | Meaning |
|---|---|---|
| Groups of Five — general intake | Paused through December 31, 2026 | No new general G5 sponsorship applications; G5 participation may continue through BVOR under current instructions |
| Community Sponsors | Paused through December 31, 2026 | No new applications in this sponsor category; existing applications continue |
| Economic Mobility Pathways Pilot | Closed | No new EMPP application; do not rely on old economic-refugee intake information |
| Sponsorship Agreement Holders | Operating with cap | SAHs remain a private sponsorship route, subject to the 2026 allocation and organizational capacity |
Official sources & application
The practical answer is in this guide; use these links to verify live changes and apply officially.
Ghasedak explains the eligibility, evidence, process and important cautions in plain language. Because laws, forms, fees and filing methods can change, also check the live official instructions on the day you submit. This is general information, not individual legal advice.