Refugee and Asylum Claims in Canada. IRB & Refugee Protection Lawyer

Refugee & Asylum Claims in Canada

Seeking refugee protection in Canada is one of the most important legal steps you may ever take. A refugee claim is not simply a form or an application — it is a detailed legal case that must clearly explain who you are, what happened to you, and why returning home would place you in danger.

At Ayodele Law, we represent refugee and asylum claimants across Toronto and throughout Canada. We prepare refugee claims from the very first step, including Basis of Claim (BOC) narratives, documentary evidence, and hearing preparation before the Immigration and Refugee Board of Canada (IRB). Many of our clients come to us after being refused elsewhere. Our role is to bring structure, credibility, and clarity to your story — and to ensure your case is presented properly the first time, or corrected quickly if something has gone wrong.

Who Can Claim Refugee Protection in Canada?

Canada offers refugee protection to people who are already in Canada and cannot safely return to their home country. To qualify, you must meet the legal definition of either a Convention Refugee or a Person in Need of Protection under Canadian immigration law.

Convention Refugees

You may qualify as a Convention refugee if you fear persecution based on at least one of the following grounds:

• Race

• Religion

• Political opinion

• Nationality or ethnicity

• Membership in a particular social group (such as gender or sexual orientation)

Persons in Need of Protection

If your situation does not fall under one of the Convention grounds, you may still qualify if returning home would expose you personally to:

• A danger of torture

• A risk to your life

• A risk of cruel and unusual treatment or punishment

This risk must be personalized — not simply a general condition affecting everyone in the country.

How Do Refugee Claims Work in Canada?

A refugee claim can be made either at a Port of Entry (airport or land border) or from inside Canada through IRCC’s online refugee portal. Once your claim is submitted:

1. Eligibility is assessed by CBSA or IRCC

2. If eligible, your claim is referred to the Refugee Protection Division (RPD)

3. You must submit your Basis of Claim (BOC) and supporting evidence by strict deadlines

4. You will attend a refugee hearing (in person or virtual)

Missing deadlines, submitting inconsistent information, or failing to prepare properly for the hearing can result in refusal — even where the risk is real.

The Safe Third Country Agreement (STCA)

If you arrive in Canada from the United States, the Safe Third Country Agreement may prevent you from making a refugee claim in Canada unless an exception applies.

Common exceptions include:

• Having certain family members in Canada

• Being an unaccompanied minor

• Holding valid Canadian immigration documents

• Falling under a public interest exception

STCA issues are highly technical and often misunderstood. We regularly assess whether an exception applies before a claim is made.

What Happens at a Refugee Hearing?

Refugee claims are decided by an independent decision-maker at the IRB. At your hearing, the Member will assess:

• Your identity and credibility

• The events you experienced

• Country conditions

• Availability of state protection

• Whether internal relocation is possible

You will be asked detailed questions about your story. Small inconsistencies can undermine credibility if not properly explained. This is why hearing preparation is one of the most important parts of a refugee claim. At Ayodele Law, we spend significant time preparing clients so they understand the process, the questions, and how to clearly present their experience.

What Evidence Is Needed for a Refugee Claim?

Evidence is critical. Strong refugee claims are supported by documents that confirm and reinforce your narrative, such as: