Immigration Law

A claim for refugee protection in Canada is a formal request made by an individual who seeks asylum on Canadian soil. The Immigration and Refugee Board of Canada (IRB) is the body that oversees these claims, specifically through its Refugee Protection Division. Once a claim is made, claimants receive a refugee protection claimant document, which confirms their status as someone whose protection claim is under consideration.

Canada recognizes two categories of protected persons:

1. Convention Refugees: Individuals who are outside their home country and have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
2. Persons in Need of Protection: Individuals who face torture, risk to life, or cruel and unusual punishment if returned to their home country.

At Affinity Law, we help you assess your eligibility, gather evidence, and present a compelling narrative to support your claim for refugee protection in Canada before the Refugee Protection Division.

The Refugee Protection Division (RPD) of the IRB is responsible for making decisions on refugee claims made within Canada. It is crucial to present a strong case from the beginning, as the RPD evaluates whether you meet the legal definition of a protected person under Canadian and international law.

The Refugee Protection claimant document issued by the IRB allows you to access essential services while your claim is pending. This includes healthcare coverage under the Interim Federal Health Program and the ability to apply for a work permit.

Our legal team has extensive experience representing clients before the Refugee Protection Division, ensuring that all required documentation is complete, accurate, and compelling. We offer clear and strategic advice on how to navigate your hearing, present your oral testimony, and respond to inquiries from the board member.

You can make a claim for refugee protection in Canada either at a port of entry (airport, seaport, or land border) or online through the Immigration, Refugees and Citizenship Canada (IRCC) portal if you are already in Canada.

After submitting your claim, you will:

• Receive a confirmation of referral to the IRB’s Refugee Protection Division
• Be scheduled for a hearing
• Be issued a refugee protection claimant document

Affinity Law assists with preparing and submitting the necessary forms, including the Basis of Claim (BOC) Form, which outlines the reasons you are seeking protection in Canada. We work with you to ensure that all timelines are met and that your application is well-supported by credible evidence.

The refugee protection claimant document is an essential identification document issued after your claim has been referred to the IRB. It enables access to key services like healthcare, education, and employment while your claim is under review.

This document proves that you are legally authorized to stay in Canada, as your claim for refugee protection in Canada is being assessed. It also provides your unique client identification number (UCI), which is necessary for any interactions with immigration authorities or service providers.

Our lawyers help ensure that your refugee protection claim document is obtained without delay and advise you on how to use it to safeguard your rights during the refugee determination process.

The refugee hearing is one of the most critical stages in the Refugee Protection Division process. It is your opportunity to present your story, submit documents supporting your claim, and answer questions from the board member.

At Affinity Law, we provide comprehensive preparation services, including

• Reviewing your Basis of Claim form
• Helping you gather country condition evidence
• Conducting mock interviews
• Coaching on answering questions confidently and truthfully
• Ensuring you meet all deadlines and procedural requirements

A well-prepared hearing significantly improves your chances of being recognized as a protected person and ultimately receiving permanent resident status.

We represent clients fleeing diverse and often dire situations. Common grounds for a claim for refugee protection in Canada include:

• Political persecution
• Religious intolerance
• Ethnic or racial discrimination
• Gender-based violence
• LGBTQ+ persecution
• Human trafficking or forced labor
• Gang violence or war crimes

The Refugee Protection Division assesses whether your fear of return is credible and whether the risk you face is personal and not generalized to the public. This is why it is critical to submit strong, well-documented evidence supported by legal arguments from an experienced lawyer.

If the Refugee Protection Division denies your claim, you may be eligible to appeal to the Refugee Appeal Division (RAD) or seek a judicial review at the Federal Court. Not all rejected claimants have the right to appeal some are only eligible for judicial review.

Our legal team at Affinity Law evaluates your specific situation and helps determine the best legal pathway forward. Whether through a RAD appeal or a judicial review, we ensure that your appeal is grounded in legal precedent and compelling facts.

In cases where the claim for refugee protection in Canada is not successful and no appeal is available, a Humanitarian and Compassionate (H&C) application may be your last chance to remain in Canada. H&C grounds are considered by IRCC outside of the Refugee Protection Division.

H&C applications focus on:

• Establishment in Canada
• Hardship upon return
• Best interests of children

We support clients with preparing detailed submissions that highlight the humanitarian factors warranting permanent residence despite an unsuccessful claim.

Children who accompany a parent or make a claim independently require special consideration. The IRB ensures that the best interests of the child are taken into account throughout the Refugee Protection Division process.

Our lawyers at Affinity Law are experienced in handling claims involving minors. We work with child psychologists, school records, and other supporting evidence to establish a compelling case that prioritizes the child’s well-being.

Families face additional complexity when making a claim for refugee protection in Canada together. We ensure that each family member’s individual claim is consistent and appropriately documented, avoiding contradictions that could undermine credibility.

Refugee Protection and Detention

Some refugee claimants may be detained by the Canada Border Services Agency (CBSA) for reasons such as identity concerns or perceived flight risk. While detained, claimants may still make a claim for refugee protection in Canada and appear before the Refugee Protection Division.

Our lawyers provide urgent representation at detention review hearings and ensure that your legal rights are fully exercised while detained. We also advocate for your release and ensure your refugee protection claimant document is processed without delay.

Country Conditions Research

Strong refugee claims are supported by detailed information about the conditions in your country of origin. At Affinity Law, we utilize expert reports, human rights publications, and media sources to bolster your claim for refugee protection in Canada.

We ensure the Refugee Protection Division understands the context of your fear and that your personal experiences are aligned with verifiable evidence. This helps establish credibility and supports your designation as a protected person.

Once your claim for refugee protection in Canada is referred to the IRB, you may be eligible to apply for a work permit. The refugee protection claimant document is essential in this process, confirming your legal presence in Canada.

We assist clients with applying for work permits, social assistance, and other community resources while their claims are under review. Our team also connects you with counselling, language training, and housing support as part of our holistic client care model.

Making a claim for refugee protection in Canada is a life-altering decision that requires expert legal guidance. With the support of our experienced Toronto-based team, you can confidently pursue protection and build a new life in safety.

 Affinity Law stands by you from the moment you receive your refugee protection claimant document to the final ruling by the Refugee Protection Division. Your future in Canada starts with the right legal partner. 

Let Affinity Law help you navigate the Refugee Protection Division and achieve the security and stability you deserve.

Our firm has a proven track record of helping clients secure protection in Canada through the Refugee Protection Division. We offer:

• Personalized legal advice
• Extensive knowledge of immigration and refugee law
• In-depth hearing preparation
• Access to expert witnesses and interpreters
• Post-decision support (appeals, PR applications)

From helping you obtain your refugee protection claimant document to representing you at every stage of your claim for refugee protection in Canada, Affinity Law is committed to defending your rights and securing your safety.

If you are considering making a claim for refugee protection in Canada, or if you have received a hearing notice from the Refugee Protection Division, don’t wait. Contact Affinity Law’s Toronto office for a confidential consultation.

Our experienced refugee lawyers are ready to:

• Evaluate your eligibility
• Help you complete your Basis of Claim form
• Represent you before the IRB
• Support your family members in related claims
• Guide you through post-hearing procedures and appeals