Who will decide whether your asylum claim is accepted or rejected?

Learn more about who will process your asylum claim in Canada.

Eligibility interview 

The first stage of the asylum process is the eligibility interview. Depending on where you make your asylum claim, an interview will be conducted by either the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) to determine your eligibility to claim asylum in Canada. CBSA is Canada’s law enforcement agency responsible for border control. IRCC is the department of the Government of Canada responsible for matters dealing with immigration to Canada, refugees, and Canadian citizenship.

 

What happens after my interview and who will decide whether my claim is accepted or not? 

Your claim will be sent to the Immigration Refugee Board (IRB), an independent administrative tribunal responsible for making decisions on refugee matters. It is a federal institution that operates at arm’s length from the Government of Canada. Your application will be reviewed by the IRB. They will evaluate your fear of persecution and decide whether you can be recognized as a refugee in Canada.  

Exceptions 

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If you made a previous claim in Canada that was rejected, abandoned, withdrawn or found ineligible

Your application will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC). This process is called a Pre-Removal Risk Assessment (PRRA). IRCC will evaluate your fear of persecution and decide whether you can be recognized as a refugee in Canada. 

If you made an asylum claim in the United States, the United Kingdom, Australia or New Zealand

Your application will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC). This process is called a Pre-Removal Risk Assessment (PRRA). IRCC will evaluate your fear of persecution and decide whether you can be recognized as a refugee in Canada.  

If you crossed at an unofficial border after having first been refused at an official border port of entry

Your application will be reviewed by Immigration, Refugees and Citizenship Canada (IRCC). This process is called a Pre-Removal Risk Assessment (PRRA). IRCC will evaluate your fear of persecution and decide whether you can be recognized as a refugee in Canada.  

If you have committed a serious crime, violated human rights, or are considered a danger to the security of Canada

You will not be allowed to claim asylum in Canada. 

If you already have refugee status in another country that you can return to without fear

You will not be allowed to claim asylum in Canada. 

Download a PDF version of this document in EnglishFrançaisEspañolعربي or Kreyòl. 

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