Yes. Anyone physically in Canada can apply for refugee protection, regardless of visa or permit type.

Passport, identity documents, and a completed Basis of Claim (BOC) form. You’ll also undergo a medical exam.

Most hearings happen within several months to over a year, depending on your case and IRB backlog.

Yes. You can apply for a work permit and your children may attend school without a study permit.

Strongly recommended. Legal representation improves your chances of success and ensures deadlines are met.

Yes. You may include your spouse and dependent children if they are in Canada. If abroad, they may be eligible under family reunification after your claim is accepted.

Your claim may be declared abandoned, and you could face removal. Notify the IRB immediately if you cannot attend.

Most refused claimants can appeal, except designated foreign nationals, manifestly unfounded claims, and some border cases.

File within 15 days of the IRB decision and submit the appeal record within 45 days.

Usually no. RAD decisions are made based on written submissions and evidence.

RAD can approve the claim, send it back for rehearing, or dismiss the appeal.

Only if the evidence was not reasonably available at the RPD hearing or relates to new circumstances.

Yes, through judicial review at the Federal Court. You must apply within 15 days.

Not always. You must ask the court for a stay of removal unless it’s an appeal of a RAD decision.

Winning sends your case back to the IRB. Losing confirms your removal order.

Yes. Only lawyers can represent you at Federal Court. Legal aid may be available in some provinces.

A request for PR based on hardship, family ties, and best interests of children. It does not assess refugee risk.

Usually only after 12 months have passed since a negative refugee or PRRA decision—exceptions apply.

Establishment in Canada, family hardship, children's best interests, medical needs, and inability to return safely.

No. You must request deferral separately from CBSA or seek a court stay.

A final risk review before removal. It checks for risk of persecution, torture, or serious harm.

Usually 12 months after your last refusal. CBSA will notify you when eligible.

Submit updated evidence showing changed risks since your last decision. This is essential for a successful PRRA.

Yes, if filed on time. CBSA cannot remove you until a decision is made.

An order to leave Canada. Deportation Orders are common for refused refugee claims.

Only with legal remedies (e.g., PRRA, court stay, CBSA deferral). Non-compliance leads to arrest.

You’ll get a hearing within 48 hours. You may be released with conditions.

Depends on the type of removal. Deportation requires special permission (ARC) to return.

A special application required to re-enter Canada after deportation. Must be approved before returning.

Yes, unless you are legally protected by a stay or eligible PRRA. H&C applications alone do not stop removal.