5. Get a decision on your eligibility
At the end of your interview, the Canada Border Services Agency (CBSA) officer decides if you're eligible to make a refugee claim.
If the officer decides that you do not meet an exception to the Safe Third Country Agreement (STCA), you're immediately returned to the United States (U.S.). Your refugee claim ends and you can never make another one in Canada. You cannot apply for a Pre-Removal Risk Assessment (PRRA). You will probably be detained by U.S. authorities.
Irregular entry
If you enter Canada irregularly by crossing the U.S.-Canada land border between official ports of entry, and make your refugee claim:
- more than 14 days after entering, you're not eligible to make a refugee claim. But you can usually stay in Canada to apply for a PRRA.
- 14 days or less after entering, unless you meet an STCA exception, you will be returned to the U.S. and cannot apply for a PRRA.
If you meet an STCA exception
If the officer decides that you meet an STCA exception you may enter Canada.
But you're not eligible to make a refugee claim if:
- you have status in another country you can return to
- you entered Canada on a date after June 24, 2020, and more than one year has passed since that entry,
- you previously made a refugee claim in Canada that was rejected, withdrawn, , or found ineligible
- you committed a serious crime or broke international human rights laws, or
- you started a refugee claim in a country that has an information sharing agreement with Canada and Canada has confirmation that you made a claim from that country. These countries are the U.S., Australia, New Zealand, and the United Kingdom.
And you may not be eligible if you already have a .
If you made a refugee claim in Canada on or after June 3, 2025, or if you're planning to make one, a new law called Bill C-12 may affect you. Use this tool from the Migrant Rights Network to check if your claim could end. If your claim ends, you usually have the right to apply for a Pre-Removal Risk Assessment. It's important to get legal help.
Not eligible for other reasons
If you're allowed to enter Canada under an STCA exception but not eligible to make a refugee claim, you get a removal order. Your refugee claim ends and you can never make another one in Canada.
But you can usually . If your PRRA is approved, you're usually granted status and can apply for status. CBSA gives you the PRRA form when they're ready to remove you. It's not available online. Get legal help immediately if CBSA gives you a PRRA.
If you apply on time, you cannot be removed while you wait for the decision. You can get a work permit and health coverage through the Interim Federal Health Program (IFHP).
Some removals paused
Canada is currently not removing people to some places. If you're from one of these places, Canada will not remove you. But you will have no status, and few rights or ways to get status. You can get a work permit and health coverage through the IFHP. Get legal help.
This pause on removal does not apply if you're inadmissible because :
- crime
- breaking international human rights laws
- other security concerns.
If you’re eligible to make a refugee claim
If the officer decides that you meet all the eligibility requirements, your case is sent to the RPD. The RPD decides your claim. You must complete your Basis of Claim (BOC) form and submit it to the RPD within 45 days. You may also be instructed to complete the online refugee portal. Get legal help to complete these.