Asylum and Refugee Lawyers

Afraid to return to your home country and want to ask Canada for protection? A refugee lawyer can explain whether you may qualify, help you prepare your claim and the Basis of Claim form, and represent you at your hearing before the Immigration and Refugee Board. On this page you can compare the lawyers listed for asylum and refugee matters, see their rates and availability, and book a consultation online.

What an asylum and refugee lawyer does

Refugee protection is for people who have a well-founded fear of persecution in their country, or who would face a risk to their life, of torture or of cruel and unusual treatment if they were sent back. Your story is the core of the case, and the way it is told, documented and presented matters a great deal. A lawyer can help you understand which grounds apply to you, organize your account in a clear and consistent way, gather evidence about your situation and your country, and prepare you for the questions you will be asked.

Asylum is one part of immigration law. For sponsorship, work permits, permanent residence or other immigration matters, see our page on immigration lawyers.

Common situations

• You have just arrived, or are about to arrive, and want to claim asylum.
• You are already in Canada, for example as a visitor or student, and now fear returning home.
• You received your hearing notice and need to prepare your testimony and evidence.
• Your claim was rejected and you want to know whether you can appeal.
• You face removal and want to know whether any remaining remedy applies.

How a refugee claim works in Canada

Refugee law is federal, so the same process applies everywhere in Canada. The Immigration and Refugee Board (IRB) decides claims, and Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency handle the intake. The main steps are below.

Making the claim

You can make a claim at a port of entry, such as an airport or land border crossing, when you arrive. If you are already inside Canada, you generally start the claim online through the IRCC portal, as described on IRCC's page on claiming refugee protection from inside Canada. In both cases, you will have an eligibility interview, and you will provide identity documents, biometrics and information about your background.

Eligibility

An officer first decides whether your claim is eligible to be referred to the IRB. Some claims are not eligible, for example because of certain previous claims, certain agreements with other countries, or serious inadmissibility. If the claim is referred, it moves to the IRB.

The Basis of Claim form

The Basis of Claim (BOC) form has a short deadline. It sets out who you are, what happened to you and why you fear returning. Everything you say later at the hearing will be compared with it, so it must be complete, accurate and consistent with your other documents. This is often the most important moment to have a lawyer's help.

The hearing at the Refugee Protection Division

Your claim is heard by a member of the IRB's Refugee Protection Division. The member asks you questions about your story, your identity and the risk you face, and reviews your evidence and country conditions. You can have a lawyer represent you and an interpreter if you need one.

If the claim is refused: appeals and other remedies

• Refugee Appeal Division (RAD): many claimants who are refused can appeal to the RAD of the IRB, usually on the written record. Not every claimant has access to the RAD, and the deadline to appeal is short.
• Federal Court: after a RAD decision, or when there is no right of appeal, you may ask the Federal Court for permission (leave) to seek judicial review of the decision.
• Pre-removal risk assessment (PRRA): before removal, some people can ask IRCC to assess the risk they would face if returned. Timing restrictions apply after a recent negative decision.
• Humanitarian and compassionate grounds: a separate application for permanent residence based on your ties to Canada and other factors. It is also subject to timing restrictions for refused claimants.

Each step has its own rules and deadlines, and choosing the wrong one can close a door. Get advice as soon as you receive a decision.

Legal aid and support in Quebec

If you live in Quebec, legal aid may be available to asylum claimants who meet the eligibility conditions. The Commission des services juridiques oversees Quebec's legal aid network, and some private lawyers accept legal aid mandates, so ask about it when you book. Asylum claimants in Quebec may also be eligible for last-resort financial assistance while their claim is being processed. These programs have their own conditions, so check your situation with the responsible office.

When to get a refugee lawyer

• Before you complete the Basis of Claim form.
• When you receive your hearing notice.
• If your identity documents are missing or hard to obtain.
• If you have a past refusal, a criminal record or a claim in another country.
• As soon as your claim, appeal or PRRA is refused.

Preparing for your consultation

• Your passport, identity documents and any travel documents.
• All documents from IRCC, the CBSA or the IRB, including your BOC form if you have one.
• Evidence that supports your story: reports, letters, photos, medical or police records.
• A written timeline of the main events, in your own words.
• The language you are most comfortable with, if you need an interpreter.

For tips on choosing the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Review the lawyers listed below, check their languages, rates and availability, and book a consultation directly. Each lawyer sets their own rates, and you can see them before you book. You can also search asylum and refugee lawyers or see refugee lawyers in Montreal.

Frequently asked questions

Do I need a lawyer to claim asylum in Canada?

You are not required to have one, but a refugee claim is decided largely on your testimony and documents. A lawyer can help you avoid inconsistencies, meet deadlines and present your evidence clearly.

Where do I make a refugee claim?

At a port of entry when you arrive, or online through the IRCC portal if you are already in Canada. An officer then decides whether the claim can be referred to the IRB.

What happens at the IRB hearing?

A member of the Refugee Protection Division asks you about your story and the risk you face, and reviews your documents. You can be represented by a lawyer and use an interpreter.

Can I appeal if my refugee claim is refused?

Often, yes, to the Refugee Appeal Division, though some claimants have no right of appeal there. Judicial review at the Federal Court may also be possible. Deadlines are short, so act quickly.

Is legal aid available for refugee claims in Quebec?

Legal aid may be available to asylum claimants in Quebec who meet the eligibility conditions. Ask a legal aid office, or ask a lawyer whether they accept legal aid mandates.