Canada’s asylum rules now turn on three questions first: where you are claiming from, when you entered Canada, and whether your Basis of Claim (BOC) form is complete. IRCC’s current guidance also confirms that claims filed on or after June 3, 2025 face new ineligibility rules, including a one-year filing window for certain inland claims and a 14-day limit for some claims made after crossing between ports of entry on the Canada-US land border.
For claimants, the filing date can decide whether a case is assessed by IRCC and the Immigration and Refugee Board of Canada, or sent to CBSA for removal processing.
Who can claim refugee protection in Canada
IRCC says Canada offers asylum, legally called refugee protection, to people inside Canada who can prove they meet the definition of a Convention refugee or a person in need of protection.
A Convention refugee must show a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group. A person in need of protection must show a risk of torture, a risk to life, or a risk of cruel and unusual treatment or punishment.
That definition is the core test. If IRCC or CBSA finds the claim eligible, the file is referred to the IRB, which then decides whether the person meets the refugee definition.
New eligibility rules are now the first filter
IRCC’s updated guidance says a claim made on or after June 3, 2025 can be ineligible if it was filed more than one year after the person first entered Canada. The guidance adds that this one-year rule applies if the person entered after June 24, 2020, even if they later left Canada and returned.
There is also a separate rule for claims made after entering Canada between ports of entry along the Canada-US land border. In those cases, IRCC says the claim is ineligible if it is made more than 14 days after entry.
Claims involving entry from the United States also need attention. IRCC says the Canada-US Safe Third Country Agreement may make a claim ineligible if the person entered Canada from the US at an official land border crossing or anywhere along the border and then made the claim within 14 days, unless an exception or exemption applies.
Those timing rules matter because an ineligible claim is not sent to the IRB. Instead, the person is referred to CBSA for removal from Canada, although CBSA will tell them whether they may apply for a pre-removal risk assessment.
How inland claims are filed
If you are inside Canada, IRCC says you must use the Bill C-12 is now law: what the new asylum and immigration rules mean for applicants in Canada process through the IRCC Portal to submit the claim online. The source material also notes that claims made at a Canadian port of entry follow a different process.
IRCC’s online instructions say you should have a scanner or camera ready before starting. The claim can be started for you and your family members through one portal account, with a separate claim submitted for each family member who is included.
The application itself asks claimants to complete all questions and upload the documents requested at the end of the process. If online filing is not possible, IRCC says another submission method may be available.
The BOC form is mandatory
The clearest form requirement in the official guidance is the IRB’s Basis of Claim (BOC) form. IRCC says each claimant must provide a complete copy of the form, and it must be uploaded when filing online.
That form is not a side document. It is the main written account of the claim, and IRCC’s instructions point applicants to the IRB’s Claimant’s Guide for help completing it.
In support of the claim, IRCC may also ask for a passport or other identification, a Use of a Representative form if one is used, and optional supporting evidence such as police reports, medical reports, business records, proof of membership in organizations, or other documents that support the account.
For applicants who are also trying to plan their next steps in Canada, refugee claims follow a different path from family sponsorship and permanent residence processing.
What happens after filing
After a complete submission, IRCC’s claimant guidance says the person receives an acknowledgement document and then gets next-step instructions. Those steps can include medical exam instructions and an appointment package, and the claimant may later be scheduled for biometrics and an interview.
The official claimant manual adds that the Acknowledgement of Claim or Refugee Protection Claimant Document can confirm interim federal health coverage, and that claimants may need it for services and school or medical appointments.
The same manual says a refugee claimant must undergo a mandatory immigration medical examination within 30 days, paid for through the Interim Federal Health Program, and that the exam must be done by an approved doctor. It also says a claimant can request a no-fee work permit through the refugee claim application, but IRCC will only issue the permit after the claim’s eligibility decision, the medical exam, and biometrics are completed.
Timelines vary after the claim is filed
Applicant-reported timelines are uneven. In practice, some people see medicals, biometrics, work permit or identity document issuance, and IRB referral at different speeds, while others wait much longer between stages.
Background checks can stretch out, communication can slow after the initial filing, and an incomplete BOC can create avoidable delay. Filing the form cleanly and on time matters more than any informal estimate of how long the case might take.
If you are following this file now, the first question is whether your claim meets the timing rules before you submit. That decides whether the file stays in the refugee protection stream or moves to removal processing.
This article is for general informational purposes only and is not legal advice.
