Refugee & Asylum Claims Canada
Canada's refugee protection system offers two distinct pathways — one for people already in Canada who need protection, and one for people outside Canada who are referred or sponsored for resettlement. Both reflect Canada's obligations under the 1951 Refugee Convention: that no person should be returned to a country where they face persecution, torture, or a risk to their life.
Navigating either pathway without guidance is difficult. The asylum claim process inside Canada involves strict eligibility rules, procedural deadlines, and a hearing before the Immigration and Refugee Board — the outcome of which determines whether you can remain in Canada. The private sponsorship process outside Canada requires a significant organizational and financial commitment from sponsors, and applicants face their own admissibility and documentation requirements. In both cases, the stakes are high and the consequences of procedural errors are serious.
At Magellan Immigration, we assist both asylum claimants inside Canada and groups navigating the private refugee sponsorship process from abroad.
Claiming Asylum Inside Canada
Who Can Claim
Any foreign national in Canada may make a claim for refugee protection if they have a well-founded fear of persecution or face a serious risk in their home country. You do not need to be at a border — you can make a claim online or in person at an IRCC inland office while already in Canada as a visitor, student, or worker. Protection may be available if you face persecution based on race, religion, nationality, political opinion, or membership in a particular social group, or if you face a risk of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment.
Who Cannot Claim
Not everyone is eligible. Your claim may be ineligible if you have been recognized as a Convention refugee by another country you can return to, are inadmissible on security or serious criminality grounds, made a previous claim in Canada that was refused, abandoned, or withdrawn, or entered Canada from the United States across a land border.
The Canada-U.S. Safe Third Country Agreement (STCA) requires that claims made at land border crossings between Canada and the United States be directed back to the US — unless a specific exception applies. Exceptions include certain family member situations, document holders, and public interest cases. If you entered Canada from the US, whether this agreement affects your eligibility needs to be assessed carefully before you do anything else.
The Process
Once your claim is made and found eligible, it is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board. The RPD holds a hearing and determines whether you qualify as a Convention refugee or a person in need of protection. If your claim is approved, you become a protected person and are eligible to apply for Permanent Residence. If it is refused, you have the right to appeal to the Refugee Appeal Division (RAD) in most cases, and may ultimately seek judicial review at the Federal Court.
While your claim is being processed, you are eligible for an open work permit — typically issued within approximately 68 days of claim submission — and for Interim Federal Health Program (IFHP) coverage for basic healthcare. You can remain in Canada legally while your claim is pending.
Processing Times
The IRB is operating under severe backlog pressure. As of March 2025, the Board had over 280,000 claims in its inventory — 175,800 ready to be heard and a further 105,500 incomplete pending security screening — while being funded to finalize approximately 85,000 per year, against annual intake of over 173,000 new claims. Claims currently receiving decisions have waited approximately 16 months, but that figure reflects cases filed years ago. For a claim filed today, the realistic wait time is substantially longer and cannot be reliably projected under current conditions. This makes early, accurate, and well-prepared documentation essential from the outset — how your Basis of Claim is drafted and how your supporting evidence is organized will matter when your hearing eventually arrives.
Private Refugee Sponsorship — Bringing Someone to Canada from Abroad
Private refugee sponsorship allows Canadian citizens and permanent residents — through approved sponsoring organizations and groups — to bring a refugee from outside Canada and support them financially and practically for their first year in Canada. The sponsoring group commits to covering the refugee's basic needs including housing, food, clothing, and settlement support for a period of 12 months from arrival or until the refugee becomes self-sufficient, whichever comes first.
Current Intake Status — Important
As of November 29, 2024, IRCC paused new applications from two of the three private sponsorship streams. That pause has been extended until December 31, 2026:
Groups of Five (G5) — closed to new applications until December 31, 2026
Community Sponsors — closed to new applications until December 31, 2026
Sponsorship Agreement Holders (SAHs) — still accepting new applications
If you were planning to sponsor a refugee through a G5 or Community Sponsor arrangement, you cannot file a new application until at least 2027. Applications already submitted before the pause are continuing to be processed. Sponsoring through a SAH is the only active private sponsorship pathway for new applications right now.
SAHs are incorporated organizations — faith communities, ethnocultural associations, and settlement agencies — that have signed a formal agreement with IRCC and take on overall responsibility for managing sponsorships. If you want to sponsor a refugee today, working through a SAH is how it is done.
Who Can Be Sponsored
To be sponsored as a resettlement refugee, the applicant outside Canada must be recognized as a Convention refugee or a person in similar circumstances — typically by the UNHCR or a designated referral organization. The applicant must also pass standard admissibility requirements including medical examination, security screening, and criminal history review.
The Process
The sponsoring organization submits a sponsorship application to IRCC along with a settlement plan and proof of financial capacity to support the sponsored person. If approved, the application is forwarded to a Canadian visa office abroad for processing. The refugee applicant undergoes their own assessment — medical examination, security checks, and where required, an interview with a visa officer. Processing times for resettlement applications vary significantly by country of origin and can range from several months to multiple years.
What We Do
Assess your eligibility to make a refugee claim inside Canada and advise on how and where to make your claim
Identify whether the Safe Third Country Agreement or any of its exceptions apply to your situation
Prepare your Basis of Claim form and supporting documentation for your RPD hearing
Advise on gathering and presenting evidence that addresses the specific grounds of your claim
Advise on RAD appeals if your claim is refused at the RPD
Advise sponsoring groups on the current PSR intake restrictions and which pathways remain open
Assist SAH-affiliated sponsors in preparing and submitting private sponsorship applications