Refugee Protection in Canada
Seeking safety and protection through the Canadian asylum system
Canada’s refugee protection system provides an opportunity for certain individuals who fear persecution, torture, or cruel and unusual treatment in their home countries to seek protection.
Every situation is unique, and understanding the requirements, process, and available options is an important first step.
About Refugee Protection in Canada
A protection pathway for individuals facing serious risks
The in-Canada asylum system is designed to provide protection to individuals who are physically present in Canada and who have a well-founded fear of persecution or face risks such as torture, cruel treatment, or unusual punishment in their country of origin.
Refugee claims are carefully assessed based on the applicant’s individual circumstances and the evidence provided.
Who may be eligible to make a refugee claim?
Understanding the basic requirements
Not every work permit requires an LMIA. In some situations, employers and foreign workers may qualify under LMIA-exempt programs, while other circumstances require a formal LMIA application.
In general, an individual may be eligible to make an asylum claim in Canada if they:
✓ Are physically present in Canada
✓ Are unable or unwilling to seek protection from their home country due to those risks
✓ Have a well-founded fear of persecution based on:
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- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group, including certain LGBTQI+ individuals or survivors of gender-based violence
The refugee claim process
After an asylum claim is submitted, Canadian authorities first review whether the claim meets the eligibility requirements.
If the claim is found eligible
If the claim is found eligible, it is referred to the Immigration and Refugee Board of Canada (IRB), where a hearing will be scheduled and a decision will be made based on the evidence and circumstances of the case.
LGBTQI+ Refugee Protection
Protection based on sexual orientation, gender identity, and expression
Canada recognizes that some individuals may face persecution because of their sexual orientation, gender identity, gender expression, or sex characteristics (SOGIESC).
The Immigration and Refugee Board (IRB) has established guidelines to support a fair assessment of refugee claims involving SOGIESC-related persecution and to recognize the unique barriers and challenges that some individuals may experience.
Pre-Removal Risk Assessment (PRRA)
Additional protection before removal from Canada
A Pre-Removal Risk Assessment (PRRA) provides certain individuals facing removal from Canada with an opportunity to explain, in writing, the risks they may face if returned to their home country.
If a PRRA application is approved, the individual may be allowed to remain in Canada.
How we help
Professional representation through sensitive and complex cases
Refugee protection matters often involve deeply personal circumstances and significant legal considerations.
Our team provides support with:
Our approach is built on clear communication, careful preparation, and respect for every client’s individual circumstances.
Professional representation through sensitive and complex cases
Refugee protection matters often involve deeply personal circumstances and significant legal considerations.
Our team provides support with:
Assessing your situation and available options
Preparing refugee protection applications
Gathering and organizing supporting documentation
Preparing for IRB proceedings and hearings when applicable
Providing professional representation and ongoing guidance throughout the process
Frequently asked questions about about Refugee Protection
Can I apply for refugee protection if I entered Canada without a visa?
In many cases, yes. Being physically present in Canada is one of the key requirements to make an asylum claim, and a person’s manner of entry does not automatically prevent them from seeking refugee protection. However, every situation is different, and eligibility will depend on individual circumstances and Canadian immigration laws.
Do I need to be physically present in Canada to make a refugee claim?
Yes. In general, individuals must be physically present in Canada in order to make an in-Canada refugee claim. Refugee protection claims are assessed based on eligibility requirements, personal circumstances, and the evidence provided in support of the claim.
What happens after my refugee claim is submitted?
After a refugee claim is made, Canadian authorities first determine whether the claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB). If accepted, a hearing will be scheduled where an independent decision-maker will assess the facts, evidence, and circumstances of the case before making a decision.
What evidence can support a refugee claim?
Evidence may include personal statements, identity documents, medical or police records, news articles, witness statements, photographs, or other documents that support the risks faced in the home country. Every case is different, and the strength of a claim depends on the specific facts and supporting evidence available.
What is the Safe Third Country Agreement?
The Safe Third Country Agreement is an arrangement between Canada and the United States that may affect certain individuals seeking refugee protection when entering Canada from the U.S. Whether this agreement applies depends on the person’s situation, location of entry, and possible exceptions under the law.
How long does the refugee claim process take?
The Safe Third Country Agreement is an arrangement between Canada and the United States that may affect certain individuals seeking refugee protection when entering Canada from the U.S. Whether this agreement applies depends on the person’s situation, location of entry, and possible exceptions under the law.
Can LGBTQI+ individuals seek refugee protection in Canada?
Yes. Individuals who face persecution because of their sexual orientation, gender identity, gender expression, or sex characteristics (SOGIESC) may be eligible to seek refugee protection in Canada. These claims are assessed individually, taking into account the specific risks and circumstances faced by the applicant.
What our clients say about us
Discover how individuals, families, and employers trusted Great Start Canada Immigration to guide some of the most important decisions of their lives.
Thank you so much for your support! Now all that's left is to wait for approval!! 🙂
They assisted me throughout my child’s immigration process, and from the very beginning, Daniel was always professional, clear, and supportive. He gave me the confidence of knowing that our case was in very good hands, handled by knowledgeable and truly professional people.
The communication was excellent, the guidance was clear, and the overall experience was smooth and reassuring. Without a doubt, I would use their services again and highly recommend them to anyone looking for a kind, professional, and successful immigration process.
Thank you, Daniel, and thank you to the entire Great Start Canada team!
15 days ago, they approved my work permit. I am grateful to Great Start Canada Immigration because they also thoroughly analyzed my documents before sending them and were able to clarify and correct them in a timely manner. They are very professional and I would 100% recommend them.
Victor Hernandez...
You do not have to navigate this process alone
Seeking refugee protection can involve complex legal procedures and deeply personal circumstances.
Our team is committed to providing clear information, professional representation, and compassionate support while helping you understand the options available to your situation.
