4. Find out what happens if you’re eligible
Question & Answer
What happens if I make a refugee claim from inside Canada?If the immigration officer decides that you're eligible to make a refugee claim, you'll be allowed to stay in Canada until your claim is decided by the Refugee Board. The officer will ask you to sign a document that includes conditions. For example, the conditions could be that:
- you'll provide your address information to the Canada Border Services Agency (CBSA), Immigration, Refugees and Citizenship Canada (IRCC), and the Refugee Board if you move, and
- you'll show up for appointments, hearing dates, and for your removal from Canada if your refugee claim and any appeals you make are unsuccessful.
The officer will also give you a “Confirmation of Referral” document that confirms that your claim will be sent to the Refugee Board for a hearing.
The Confirmation of Referral does not include a hearing date. When your hearing is scheduled, the Refugee Board will send you a letter at least 20 days before the hearing that includes a Notice to Appear. The Notice includes the date, time, and location of the hearing.
It's very important that you make sure the Refugee Board and IRCC have your correct address.
The officer will give you a copy of your passport and other identity documents. They keep the originals until long after the hearing. You won't get them back until you're processed for permanent residence or are scheduled for removal from Canada.
The officer will also give you a “Refugee Protection Claimant document”.
Some claims are referred for file review, which is sometimes referred to as expedited processing. This allows the Refugee Board to decide certain claims with a shorter hearing or to accept a claim without a hearing.
You may receive a letter from the Refugee Board about the file review process that asks you to submit personal documents by a certain date. Make sure to get the documents ready as soon as possible.
You can ask for more time to do this if you need it, but it's not always given.
Get legal help
Even if you did not get legal help to complete your Basis of Claim (BOC) form and upload it to the portal, a lawyer should still review your forms and documents before your hearing, if possible.
A lawyer can review your documents to make sure the information you provide is accurate. They can also make sure that any previous mistakes or inconsistencies are explained. This reduces the risk that they'll be used against you at your refugee hearing.
A lawyer can also help you understand what you should try to get and how to start preparing for your hearing.