Refugee Claims in Canada — RPD/RAD Complete Guide

A refugee claim in Canada is a request for protection by a person who fears persecution, torture, or cruel treatment if returned to their country of nationality or habitual residence. Claims are decided by the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) — an independent quasi-judicial tribunal, not IRCC. A negative decision can be appealed to the Refugee Appeal Division (RAD) in most cases.

Halani Immigration Services Inc.'s lead consultant, Shoukat Qumruddin Halani, is RCIC-IRB — authorized to represent at all four IRB tribunals (RPD, RAD, IAD, ID). This guide reflects the practice we run for clients facing the IRB.

If you are at a port of entry or inside Canada and considering a claim, time is the dominant factor. The Basis of Claim form must be filed within 15 days of being referred to the RPD. The hearing itself is typically held within 30–120 days of referral. Get representation immediately — there is no benefit to waiting, and the law-society/CICC complaint process exists for unrepresented claimants who later regret it. Contact us if you need urgent representation.

1. The two grounds for protection

Canadian law recognizes two distinct grounds on which the IRB may grant protection. Most claims allege one or both. Understanding which ground fits your facts shapes the entire case.

2. How a claim starts

There are two entry points: at a Canadian port of entry (POE), or inside Canada at an IRCC office. Both lead to the same RPD hearing — but the process differs in early stages.

• Port of entry (POE) — claimant tells the CBSA officer they wish to make a refugee claim. Officer conducts an eligibility interview. If eligible, claim is referred to the RPD on the spot. Claimant typically receives a Refugee Protection Claimant Document (BVOR) and is released. POE claims now require BOC submission within 15 days.
• Inland (within Canada) — claimant submits a claim online or in person at an IRCC office. Eligibility interview is scheduled. If found eligible, claim is referred to the RPD. Faster than the old process — most inland claims now go to BOC within weeks, not months.
• Safe Third Country Agreement — claims at the US-Canada land border (and now between ports across the entire border) may be ineligible if the claimant is coming from the US, with limited exceptions (family-member exception, unaccompanied minor, public-interest, document-holder). Eligibility under STCA is decided by CBSA at the border.

3. The Basis of Claim (BOC) narrative

The BOC is a written narrative — typically 5–25 pages — telling the claimant's story in chronological detail. It must be filed within 15 days of referral to the RPD. The BOC is the single most important document in the entire proceeding. The Member who hears your case will read it before the hearing and will compare your hearing testimony against it line by line.

• Identity — who you are, where you're from, family, education, work history
• The events — dated, sequenced, specific. Names of agents of persecution, dates of events, locations, what was said, what was done, who else witnessed
• Why state protection isn't available — police reports filed (or why not), state's response, country-conditions evidence on systemic state failures
• Internal flight alternative — why you couldn't relocate to a different city or region within your country
• Travel route to Canada — every country transited, time spent, why you didn't claim there
• Why you didn't claim earlier if there's a delay between leaving your country and arriving in Canada

4. Country-conditions evidence

RPD Members are not country experts. They rely on country-conditions evidence — published reports describing the political, social, and human-rights situation in the claimant's country. Strong country-conditions packages are critical.

• National Documentation Package (NDP) — IRB-published country file, updated regularly. Must reference NDP items for your country in submissions
• UNHCR reports — country-of-origin information, eligibility guidelines, recognition rates
• Amnesty International, Human Rights Watch, Freedom House — annual reports, focused investigations
• Government reports — US State Department Human Rights Reports, Canadian government travel advisories, UK Home Office country guidance
• News articles and academic sources — recent, sourced, attached as evidence
• Personal evidence — police reports, hospital records, threat letters, witness statements, photographs, medical-legal reports of injuries

5. The RPD hearing

RPD hearings are private, conducted by a single Member, usually held over Microsoft Teams or in person at the IRB regional office (Toronto, Montreal, Vancouver). Most hearings run 2–4 hours. The Member, the claimant, and the claimant's counsel are present; the Minister's counsel may attend if there are credibility or admissibility concerns.

• Opening — Member confirms identity, swears in the claimant, identifies counsel, addresses any preliminary issues
• Member-led questioning — Member begins; questions track the BOC narrative chronologically; weak points are probed
• Counsel-led questioning — claimant's counsel asks questions to elicit favourable evidence and address weaknesses raised
• Witnesses (if any) — usually presented after claimant's testimony; can include country experts, witnesses to the events, family members
• Submissions — claimant's counsel makes oral or written submissions tying the evidence to the legal test
• Decision — Member may give an oral decision at the end of the hearing OR reserve and deliver written reasons (typically 1–4 weeks later)

6. Refugee Appeal Division (RAD)

If the RPD refuses your claim, you generally have 15 days to file an appeal to the Refugee Appeal Division. RAD reviews the RPD decision based on the existing record (and limited new evidence under section 110(4) IRPA) — it is a paper-based proceeding most of the time, although oral hearings can be held when new evidence is admitted.

• Who can appeal — most failed RPD claimants, except those whose claim was found to have no credible basis, manifestly unfounded, or who are designated foreign nationals
• Standard of review — RAD assesses whether the RPD decision was correct — both factually and legally. Higher standard than judicial review
• New evidence — admissible only if it post-dates the rejection, was not reasonably available at hearing, or the claimant could not reasonably have been expected to present it
• Timeline — Notice of Appeal: 15 days. Perfecting the appeal (Memorandum + record): 30 more days. Decision: typically 6–12 months thereafter
• Outcomes — RAD can confirm, set aside (and substitute its own decision), or remit to a different RPD Member

If RAD also refuses, the next step is Federal Court judicial review with leave — narrow grounds, strict procedural rules. See our RAD page.

7. After a positive decision

If the RPD (or RAD) accepts your claim, you become a Protected Person — a status that gives you the right to remain in Canada and work without a permit. You can apply for permanent residence within 180 days under the Protected Persons in Canada class.

• Apply for PR within 180 days using IMM 0008 + applicable schedules — no humanitarian factors required
• Include accompanying family members in your PR application
• Family members abroad (One-Year Window) can also be included if applied for within 1 year of your PR being granted
• Continue to work and study in Canada throughout — Protected Person status is sufficient

8. After a negative decision — the options

A negative decision is not necessarily the end. The avenues, in order of typical use:

• RAD appeal — 15 days to file Notice of Appeal (most refused claimants are eligible)
• Federal Court judicial review — 15 days to file Application for Leave (after RAD or directly from RPD if no RAD right). Limited grounds: legal error, breach of procedural fairness, unreasonable findings
• Pre-Removal Risk Assessment (PRRA) — if you remain in Canada and removal becomes imminent, PRRA gives a final risk-based reassessment based on new evidence
• Humanitarian and Compassionate (H&C) application — discretionary, not risk-based; weighs establishment, best interests of children, hardship