Statutory Framework, Eligibility Screening, and In-Canada Adjudication Pathways
Foreign nationals present inside Canada or at a Canadian Port of Entry (POE) may claim refugee protection under Part 2, Division 2 of the Immigration and Refugee Protection Act (IRPA). Adjudication of in-land asylum claims falls under the jurisdiction of the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).
Statutory Ineligibility Criteria (IRPA Section 101)
Before an inland asylum claim is referred to the RPD for an oral hearing, an officer from Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) evaluates statutory eligibility. A claim is deemed ineligible for IRB referral if:
- IRPA s. 101 INELIGIBILITY SCREENING
Convention / Stca Bar
- Granted status in another country Arrived via US under Safe Third Country Agreement (STCA)
Previous Claim Bar
- Made a refugee claim in Canada that was rejected, abandoned, or withdrawn Claimed in a country with which Canada shares biometric data
Security / Crime Bar
- Determined inadmissible on grounds of security, human rights violations, organized criminality, or serious crime
Statutory Integrity Updates: Under the Strengthening Canada’s Immigration System and Borders Act (Bill C-12), claims filed more than 1 year after an individual’s initial entry into Canada (for entries after June 24, 2020) are legally barred from IRB referral. Additionally, initial eligibility triage and Minister security due diligence must be completed prior to IRB referral.
In-Canada Asylum Step-by-Step Sequence
| Step | Stage | Details |
|---|---|---|
| 1 | Claim Initiation & Intake | Submit the claim through the IRCC online portal (inland claimants) or to a CBSA border officer at a port of entry. |
| 2 | Eligibility & Security Screening | Complete background checks, biometrics, and an eligibility interview. If eligible, the claim is referred to the IRB. |
| 3 | Basis of Claim (BOC) Submission | Submit the BOC form and supporting evidence outlining the personal risk, persecution under s. 96, or risk of torture/cruel treatment under s. 97. |
| 4 | RPD Adjudication Hearing | Attend a hearing before an IRB Refugee Protection Division (RPD) decision-maker. The RPD assesses credibility, country conditions, state protection, and potential internal flight alternatives. |
| 5 | Status Determination & Next Steps | Accepted: The claimant becomes a Protected Person and may apply for permanent residence. Refused: Available appeal and judicial review options may apply. |
Post-Refusal Legal Recourse Framework
When the RPD refuses an inland asylum claim, statutory avenues exist under IRPA to challenge the negative decision:
- RPD Claim Refusal — The Refugee Protection Division issues a written refusal of the inland asylum claim.
- Refugee Appeal Division (RAD) Appeal — File a Notice of Appeal within 15 days of the written decision. The RAD reviews errors of law, fact, or mixed law and fact.
- If the RAD allows the appeal: Protection status is granted, or the matter is remanded to the RPD.
- If the RAD dismisses the appeal: The refusal is upheld, and further remedies may apply as follows.
- Federal Court Judicial Review — Apply for Leave and Judicial Review within 15 days. The application argues jurisdictional, procedural, or legal error.
- Pre-Removal Risk Assessment (PRRA) — Administered by IRCC under IRPA s. 112. Evaluates new risks emerging prior to removal.
Summary of Post-Decision Remedies
| Remedy / Pathway | Decision-Making Body | Statutory Scope & Standard | Timeframe / Rules |
|---|---|---|---|
| Refugee Appeal Division (RAD) | IRB – Appellate Division | De novo review of facts and law; assesses correctness of RPD ruling. | Must file Notice of Appeal within 15 days. |
| Judicial Review | Federal Court of Canada | Assesses reasonableness and procedural fairness (cannot substitute own decision without remanding). | Must file Application for Leave within 15 days (if inside Canada). |
| Pre-Removal Risk Assessment (PRRA) | IRCC (Risk Assessment Officers) | Evaluates new evidence of s. 96 / s. 97 risk arising after RPD refusal. | Requires notification letter from CBSA prior to removal. |
| Humanitarian & Compassionate (H&C) | IRCC (H&C Division) | IRPA s. 25 discretionary relief based on establishment, hardship, and Best Interests of the Child (BIOC). | Can be submitted independently (does not stay removal automatically). |
