Refugee / H&C

Canada provides refuge and compassion to those fleeing persecution, danger or exceptional hardship. We offer sensitive, confidential guidance through these life‑saving pathways.

Refugee Claim

Canada offers refugee protection to individuals facing persecution or serious harm in their home countries, reflecting its commitment to international human rights and legal obligations..

Convention Refugees

These are individuals who have a well-founded fear of persecution in their home country based on one or more of the following grounds: race, religion, nationality, political opinion, or membership in a particular social group. This definition is derived from the 1951 UN Refugee Convention, to which Canada is a signatory, and is recognized under Canadian immigration law.

Persons in Need of Protection

These are individuals who are already in Canada and would face a real risk of torture, threat to life, or cruel and unusual treatment or punishment if returned to their country of origin. This category addresses serious personal harm that does not necessarily fall under the persecution grounds required for Convention refugees.

Making a Refugee Claim in Canada

How to Claim Refugee Protection Inside Canada

You can make a refugee claim either at a Canadian Port of Entry (e.g., airport, land border) or at an inland Immigration, Refugees and Citizenship Canada (IRCC) office

  • Port of Entry Claim: Made upon arrival in Canada to a Canada Border Services Agency (CBSA) officer.
  • Inland Claim: Made if you are already in Canada. This typically involves submitting an application online through the IRCC portal.

How to Apply for Refugee Resettlement from Outside Canada

For individuals outside Canada, refugee protection may be accessed through Canada’s resettlement programs

  • These include the Government-Assisted Refugee (GAR) program, the Private Sponsorship of Refugees (PSR) program, or the Blended Visa Office-Referred (BVOR) program.
  • A referral from the United Nations Refugee Agency (UNHCR) or another authorized organization is usually required to begin the process abroad.

The Refugee Claim Process

Understanding the step-by-step process of making a refugee claim in Canada

STEP 01

Eligibility Determination

An IRCC or CBSA officer will first determine if your claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB).

Assessment of previous claims in Canada
Safe Third Country Agreement considerations
Initial screening for eligibility factors
Documentation review
STEP 02

Referral to IRB

If eligible, your claim is sent to the Refugee Protection Division (RPD) of the IRB, an independent tribunal.

Case file transferred to RPD
Independent tribunal assessment
Assignment of RPD member
Timeline establishment
STEP 03

Basis of Claim (BOC) Form

You will need to submit a detailed Basis of Claim form outlining why you seek protection.

Detailed personal narrative required
Evidence of persecution or risk
Country condition documentation
Supporting witness statements
STEP 04

Hearing

Most claimants will have a hearing before an RPD member, who will hear your testimony and review evidence.

Oral testimony presentation
Evidence review and assessment
Cross-examination if applicable
Legal representation allowed
STEP 05

Decision

The RPD member decides whether to grant you refugee protection. If successful, you become a protected person.

Written decision provided
Protected person status if approved
Permanent residence application eligibility
Appeal options if refused

Pre-Removal Risk Assessment (PRRA)

A Pre-Removal Risk Assessment (PRRA) is an application that allows individuals facing removal from Canada to seek protection based on risks they would face if returned to their country of origin.

When Is a PRRA Applicable?

A Pre-Removal Risk Assessment (PRRA) typically applies when the Canada Border Services Agency (CBSA) notifies you that removal proceedings are underway. You may be eligible if:

Your refugee claim was rejected, withdrawn, or deemed abandoned
Your judicial review request to the Federal Court was unsuccessful

Important: A 12-month waiting period generally applies after a negative refugee or PRRA decision, unless exceptional circumstances exist—such as significant changes in country conditions or the best interests of a child.

Key Considerations for a PRRA

Focus on New Evidence

If you've previously made a refugee claim, the PRRA decision will focus primarily on new evidence that emerged after your last decision.

Core Risk Criteria

Officers assess whether removal would expose you to persecution, torture, risk to life, or cruel and unusual treatment.

Document-Based Process

The PRRA process involves submitting a written application (IMM 5508) supported by evidence and detailed submissions.

IRCC Officer Decision

PRRA decisions are made by an IRCC officer, not the Immigration and Refugee Board (IRB) which handles initial refugee claims.

Risks Assessed

IRCC officers will evaluate whether you would face:

Persecution based on race, religion, nationality, political opinion, or membership in a particular social group
Torture or risk of torture
Risk to life or cruel and unusual treatment or punishment
Lack of safe alternatives within your country of origin
State protection unavailability
Generalized violence or civil war conditions

How Is PRRA Different from H&C Applications?

PRRA Applications

Focus strictly on protection from risk upon removal

H&C Applications

Consider humanitarian factors, including establishment in Canada, family hardship, and the best interests of children

Pre-Removal Risk Assessment

Removal proceedings underway? Take the Next Step.

If you've been notified of removal from Canada, you may qualify to apply for a Pre-Removal Risk Assessment (PRRA). We can help you understand the process and support you in preparing your application.

Schedule a consultation with a licensed RCIC-IRB, recognized by the College of Immigration and Citizenship Consultants to represent individuals in protection and risk assessment matters.

"Even at the edge of removal, hope remains. One well-prepared voice can still turn the tide toward protection."

Humanitarian & Compassionate Applications

The Humanitarian and Compassionate (H&C) application is a discretionary pathway to permanent residence in Canada for individuals who do not qualify under regular immigration programs. It allows Immigration, Refugees and Citizenship Canada (IRCC) to grant exemptions from specific immigration requirements when compelling personal circumstances justify special consideration.

Key Factors Considered in an H&C Application

IRCC officers assess "all the circumstances" of your case, with particular focus on:

Establishment in Canada

How well you have built a life in Canada—your length of stay, work history, education, language ability, community involvement, and overall contribution to Canadian society.

Length of stay in Canada
Work history and employment
Education and language skills
Community involvement
Contribution to Canadian society

Best Interests of a Child (BIOC)

If children—especially Canadian citizens or permanent residents—would be directly affected by your removal, their physical, emotional, and psychological well-being is a top priority.

Physical well-being of children
Emotional and psychological impact
Educational disruption
Healthcare access
Family stability

Hardship if Removed

Undue hardship you would face if required to leave Canada, such as lack of medical care, risk of violence, or severe social challenges.

Lack of access to necessary medical care
Risk of violence or discrimination
Political instability in home country
Severe social or economic challenges
Personal safety concerns

Family Ties in Canada

Your meaningful connections in Canada, including family members beyond your dependents, such as siblings, extended relatives, or long-standing community support.

Immediate family connections
Extended family relationships
Community support networks
Long-term relationships
Social integration

Important Notes about H&C Applications

Discretionary Process

H&C is not a right—approval is at the discretion of an IRCC officer under Section 25(1) of the IRPA.

No Alternative Options

Generally pursued when no other immigration class (economic, family, protected person) is available.

Personal Statement is Crucial

A strong and honest narrative detailing your life, challenges, and connections in Canada is vital to success.

Supporting Evidence Required

Documents such as medical records, support letters, proof of community involvement, and employment history help prove the merits of your case.

Application Fees

Adult Application

$550

Per adult applicant (18+ years)

Child Application

$150

Per child applicant (under 18 years)

Fees are submitted with Form IMM 5283 and are non-refundable regardless of the application outcome.

Humanitarian & Compassionate Applications

Experiencing hardship in Canada? Take the Next Step.

If you are not eligible under other immigration categories, you may request permanent residence based on humanitarian and compassionate grounds. This discretionary process considers personal hardship and establishment in Canada.

Book a consultation with a Regulated Canadian Immigration Consultant (RCIC-IRB) to assess your eligibility and receive guidance on preparing a well-supported H&C application.

Need Expert Protection Assistance?

Refugee protection, PRRA, and H&C applications are complex legal processes that require expert guidance. Don't navigate these critical applications alone.

Our Process

We follow a proven 5-step process to ensure your immigration success

01

Initial Consultation

We assess your profile and discuss your immigration goals

02

Strategy Development

We create a personalized immigration strategy for your situation

03

Document Preparation

We help you gather and prepare all required documents

04

Application Submission

We submit your application and monitor its progress

05

Ongoing Support

We provide support until you achieve your immigration goals

Why Choose Our Services?

We provide comprehensive support throughout your entire immigration journey

Expert Documentation

We ensure all your documents are properly prepared and submitted according to the latest requirements.

Timely Processing

We monitor your application closely and keep you updated on its progress every step of the way.

Personalized Support

Each client receives individual attention and a customized strategy based on their unique situation.

Ready to Get Started?

Book a free consultation to discuss your immigration goals and find the right service for you.