The pre-referral abandonment process
If you do not meet a requirement or deadline set by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC), your refugee claim may be sent to the Refugee Protection Division (RPD) for an abandonment process before it is referred for a hearing.
Learn more about the
pre-referral abandonment process.
Find out how to make a refugee claim in Canada before your claim is referred to the Refugee Protection Division (RPD).
You can ask for refugee protection in 2 ways:
- when you arrive at a Canadian port of entry (airport, land border or seaport)
- when you are already in Canada (inland)
On this page
How to claim refugee protection at a port of entry (airport, land border, seaport)
You can make a refugee claim as soon as you arrive at a port of entry in Canada.
This includes:
- an airport
- land border
- seaport
When you make your refugee claim, you'll speak with a Canada Border Services Agency (CBSA) officer.
If your claim is eligible, the officer will:
- direct you to complete your refugee claim application in the
IRCC portal
- give you a document called a Notice of Application Due Date
Your Notice of Application Due Date shows when your complete application is due and explains how to complete your application.
How to claim refugee protection when you are already in Canada
If you decide to make your claim after you have entered Canada, you will make your refugee claim with Immigration, Refugees and Citizenship Canada (IRCC). You must:
- complete part 1 on the IRCC portal
- be scheduled for an appointment at an IRCC office
Complete part 1 of your application
The
online application to ask for refugee protection in Canada is on the IRCC website. Once you start the online application, you have
90 days to complete
part 1. If you do not submit part 1 within 90 days, you will need to start over with a new application.
Meet with IRCC
After you submit part 1 of your application online, IRCC will give you a date and time to meet with an officer at an IRCC office. At this meeting, the officer will decide if your claim is eligible to continue.
If your claim is eligible, you will be invited to complete
part 2 of the refugee claim application in the
IRCC portal and you'll receive a
Notice of Application Due Date document.
Important: Remember to meet all deadlines
Your
Notice of Application Due Date tells you when you must submit your completed refugee claim application.
If you do not submit your application by the deadline, your claim will be sent to the RPD for the
pre-referral abandonment process.
If the RPD decides that your claim is abandoned:
- a removal order will come into force
- you may be required to leave Canada
- you will not be eligible to submit another refugee claim
If you're applying as a family
Family members can submit their applications together. A refugee application must be completed for each person in your family.
For children under 18 years old, a parent, legal guardian or designated representative must complete the application and sign the declaration on behalf of each child in the family.
Important: You must complete
all the required questions within the application in the IRCC portal.
Which language should you use on the application
You must complete your application in English or French.
If you get help from an interpreter, you must:
- review your answers with your interpreter in your own language
- make sure your answers are accurate and complete
Using an interpreter
If an interpreter helped you complete the application, they must complete the interpreter's declaration. The interpreter's declaration includes:
- the interpreter's name
- the translated language and dialect (if any)
- a statement that the translation is accurate
Upload the interpreter's declaration to the IRCC portal before you submit your application. You can find the
interpreter declaration form.
Translating documents
Documents you submit must be translated by a human translator. The translator must provide a signed declaration confirming that the translation is accurate.
You may use online translation tools, translation software or artificial intelligence (AI) to assist with a translation only if the translation is accompanied by a human translator's declaration.
The human translator must state if AI was used to help with the translation.
See the
Practice notice: Use of artificial intelligence in IRB proceedings for more information.
If you need help with your application
You can get help from counsel to complete your application and support you through the refugee claim process.
Counsel can:
- explain the refugee claim process
- help you complete forms and prepare documents
- represent you during the refugee claim process
If you want to hire counsel, do not wait until your claim is referred to the RPD, you should do it as soon as you can.
You can hire a professional counsel that you pay. They may be lawyers or immigration consultants. In Quebec, counsel can also be a notary public. In Ontario, counsel can also be a paralegal.
Paid counsel
If you pay someone to represent you, they must be authorized counsel.
Authorized means your counsel is a member of a professional association, such as:
Only a counsel who is a member of a professional association can charge you a fee.
Getting free or low-cost legal help
If you cannot afford to pay for counsel,
contact the legal aid office in your province to find out what help is available. If you qualify for legal aid, it might include free or low-cost legal information, or they might get a professional counsel to help you with the claim process.
If you cannot get help from legal aid, someone can represent you for free. For example, a friend, family member or volunteer can be your counsel if they are not being paid for their help.
Find local community resources and support
If legal aid cannot help you, look for other support in your community. Do an online search for refugee claimant support with the name of the province, city or town where you live.
We encourage you to review
the IRCC guide and CBSA guide to support you on how to answer each question in the application.