Claim Refugee Status in Ontario
Claim Refugee Status in Ontario
Introduction
Canada has long been regarded as a global leader in offering protection to refugees fleeing persecution, violence, and threats to life. Ontario, the most populous province in Canada, is a key destination for refugee claimants due to its strong settlement infrastructure, diversity, legal support systems, and community resources. Whether arriving directly in Ontario or already present in the province, individuals in fear of persecution can seek safety and security through Canada's refugee protection program.
This guide walks you through the full process of claiming refugee status in Ontario—from eligibility and filing to hearings, support services, and post-decision steps. It also highlights key challenges and how to overcome them.
Part 1: Overview of Canada’s Refugee System
1.1 Legal Foundation
Refugee protection in Canada operates under the Immigration and Refugee Protection Act (IRPA). This legislation offers asylum to individuals who meet one of two main categories:
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Convention Refugee: A person who has a well-founded fear of persecution in their home country based on race, religion, political opinion, nationality, or membership in a particular social group.
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Person in Need of Protection: Someone who faces risk to life, torture, or cruel and unusual punishment if returned to their country of origin.
Ontario is a central hub for processing and supporting refugee claimants due to its resources and established networks.
Part 2: Who Can Claim Refugee Status in Ontario?
To be eligible to claim refugee status in Ontario:
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You must be inside Canada, physically present at a port of entry or already within the province.
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You must not be barred from making a claim, such as due to previous claims in other countries under agreements like the Safe Third Country Agreement.
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You must fear persecution or face a serious risk if returned to your country of origin.
You can make a claim either:
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Upon entry at an airport or land border, such as Toronto Pearson International Airport or Niagara border crossings.
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From inside the province, if you are already living or residing in Ontario without refugee status.
Part 3: Where to Make a Refugee Claim in Ontario
3.1 Port of Entry
If you arrive at an airport or land border in Ontario, you can inform a Canada Border Services Agency (CBSA) officer that you wish to make a refugee claim. If deemed eligible, you will receive documents and instructions to complete your application and attend a hearing.
3.2 Inland Claim: Claim Refugee Status in Ontario
If you are already in Ontario, you can file your refugee claim through the Immigration, Refugees and Citizenship Canada (IRCC) online portal. After submission, you will be called for an interview and given a date for your refugee hearing.
IRCC offices in Toronto, Ottawa, Mississauga, Hamilton, and other Ontario cities handle refugee applications.
Part 4: Step-by-Step Process of Claiming Refugee Status
4.1 Creating Your Claim
You must complete several forms and documents to start the process:
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Basis of Claim (BOC) Form: A detailed explanation of why you are seeking asylum, describing the persecution or danger you face.
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Generic Application Form (IMM 0008)
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Schedule A – Background Declaration
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Schedule 12 – Additional Information
These forms must be accurate and truthful, in either English or French. You will need documents such as passports, birth certificates, identity cards, and any proof of risk or persecution.
4.2 Biometrics and Medical Exam
Once your claim is submitted, you will be asked to:
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Provide biometrics (fingerprints and photograph).
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Undergo an immigration medical examination to screen for communicable diseases.
4.3 Refugee Claimant Document
If your claim is accepted for processing, you will receive a Refugee Protection Claimant Document (RPCD). This document allows you to:
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Access basic healthcare.
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Apply for a work permit.
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Access social assistance and shelter if needed.
Part 5: Preparing for the Refugee Hearing
5.1 Role of the Refugee Protection Division (RPD)
The Immigration and Refugee Board (IRB) manages your case through the Refugee Protection Division (RPD). They will evaluate the credibility of your claim and the supporting evidence.
5.2 Gathering Evidence
You need to submit evidence supporting your claim, such as:
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Proof of political, religious, or social affiliations.
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Hospital or medical records (for injuries or trauma).
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Police reports or arrest records.
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Witness statements or affidavits.
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News articles or reports about persecution in your home country.
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Personal photos, documents, or emails.
All documents must be translated into English or French by certified translators.
5.3 Legal Representation
It is highly recommended to seek legal help. Ontario Legal Aid may cover lawyer fees if you qualify financially. A lawyer or licensed immigration consultant will help:
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Fill out your forms correctly.
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Prepare your BOC form.
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Submit your evidence.
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Represent you at your hearing.
Part 6: Attending the Refugee Hearing: Claim Refugee Status in Ontario
6.1 Hearing Overview
You will be called to attend a refugee hearing before a Board Member of the IRB. You must be prepared to:
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Tell your story clearly and truthfully.
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Answer questions about your documents and life.
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Describe why you fear returning to your country.
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Prove that state protection is not available in your home country.
The hearing can be in-person or virtual, usually within several months of your initial application.
6.2 Decision
You may receive:
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Positive Decision: You are recognized as a protected person, with the right to apply for permanent residency.
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Negative Decision: Your claim is rejected, but you may appeal or apply for alternative relief.
Part 7: What Happens After Approval?
If your claim is accepted:
7.1 Protected Person Status
You are officially considered a Protected Person and are eligible to:
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Remain in Canada legally.
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Apply for a Permanent Resident (PR) card.
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Access healthcare, employment, and education.
7.2 Permanent Residency Application
To apply for PR, you must:
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Fill out the necessary application package.
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Provide updated identity documents.
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Undergo police checks and medical exams.
After becoming a permanent resident, you can apply for Canadian citizenship after several years of residence.
Part 8: If Your Claim Is Rejected
8.1 Appeal to the Refugee Appeal Division (RAD)
If eligible, you can appeal to the RAD within 15 days of receiving the negative decision and must submit your complete appeal within 30 days.
8.2 Federal Court Review: Claim Refugee Status in Ontario
If you are not eligible to appeal to RAD, you can apply for a judicial review by the Federal Court.
8.3 Pre-Removal Risk Assessment (PRRA)
Before being removed from Canada, you may be assessed to determine whether you face serious risk if returned.
8.4 Humanitarian and Compassionate Grounds (H&C)
If you’ve built a life in Canada (e.g., with children, employment, or health conditions), you may apply for PR on H&C grounds.
Part 9: Support for Refugee Claimants in Ontario
Ontario has one of the most extensive refugee support networks in Canada.
9.1 Housing and Shelters
Organizations in Toronto, Ottawa, Hamilton, Mississauga, and Windsor offer emergency shelter and longer-term housing options for claimants and their families.
9.2 Healthcare
Refugee claimants have access to Interim Federal Health Program (IFHP), covering essential medical care, prescriptions, and lab tests.
9.3 Legal Services
Legal clinics, immigration law firms, and community legal centers provide free or subsidized services to refugee claimants.
9.4 Settlement Services
Free programs include:
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English as a Second Language (ESL) classes
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Job search and resume workshops
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Mental health counseling
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Family support and parenting groups
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Public transit passes (in some municipalities)
Part 10: Common Challenges and How to Overcome Them
10.1 Language Barriers
Many newcomers speak neither English nor French. Language assistance and translation services are widely available, especially in large Ontario cities.
10.2 Document Shortages
Refugees often flee without proper documents. If this applies to you, submit sworn affidavits, explain missing papers, and support your case with witness statements or photos.
10.3 Trauma and Mental Health: Claim Refugee Status in Ontario
Refugees may suffer trauma from past experiences. Ontario hospitals, community health centers, and NGOs offer trauma-informed care and support groups.
10.4 Financial Hardship: Claim Refugee Status in Ontario
While waiting for your hearing, finances may be limited. Claimants can apply for:
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Emergency financial assistance
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Food banks
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Free public education for children
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Subsidized housing programs
Conclusion
Ontario is a safe haven for refugees seeking protection from war, persecution, and violence. Canada's fair and compassionate refugee system gives claimants a chance to live without fear, contribute to society, and eventually become citizens. Although the process of claiming refugee status can be challenging and stressful, Ontario’s legal, medical, and social support systems are among the most advanced in the country.
Success depends on preparation, truthfulness, and persistence. With the right legal help, community support, and documentation, thousands of people each year find safety and a new beginning in Ontario through Canada’s refugee protection system.
In case, if you need help to Claim Refugee Status in Ontario or other provinces of Canada, please fill in application below or contact us directly.