Not everyone who comes to Canada automatically qualifies for convention refugee status. To be granted protection, you must show that returning to your home country would put you at real risk. This may be because of persecution tied to your religion, political beliefs, ethnicity, nationality, or membership in a particular social group. Canada also extends protection to people who fear torture, cruel or unusual punishment, or other forms of inhumane treatment.

However, proving eligibility can be challenging. The Immigration and Refugee Board (IRB) examines each claim carefully, and even deserving applicants are sometimes denied because their cases were not properly prepared. Small gaps in your evidence, unclear testimony, or missed details in your personal history can make a significant difference.

At DLegal Law Office, our immigration lawyers in Calgary focus on building strong, well-supported refugee claims. Our role is to make the process less overwhelming and to give you the best possible chance of being recognized as a protected person in Canada. With our guidance and legal services, we present your claim clearly, consistently, and with the strongest available evidence.

Applying for refugee protection in Canada is a multi-step journey. The application process begins when you make a claim at a port of entry, such as an airport or border crossing, or from within Canada at an Immigration, Refugees and Citizenship Canada (IRCC) office. Officers will first decide if your claim is eligible to proceed.

If accepted, you will need to complete a Basis of Claim (BOC) form, which explains who you are, why you left your country, and why it is not safe to return. This form is the foundation of your case and must be detailed, consistent, and accurate.

Your claim will then be scheduled for a hearing before the Immigration and Refugee Board (IRB). A Board Member will review your testimony, documents, and supporting evidence before making a decision. This hearing is the most critical stage of the process, and having a refugee lawyer at your side ensures your case is presented as strongly as possible.

If your convention refugee claim is accepted, you will be recognized as a protected person in Canada and can apply for permanent residency. If your claim is refused, you may still have options through an appeal or a judicial review at the Federal Court. These next steps are highly technical and often require legal expertise.

Because every step of the process can affect the outcome of your case, it is best to contact a lawyer as soon as you decide to make a refugee claim. Having legal guidance from the very beginning, when completing your BOC form and preparing your evidence, greatly improves your chances of success and helps you avoid mistakes that could harm your case later.

There are two main ways to start the process:

 
• At a Port of Entry: This means making your claim when you first arrive in Canada, whether that is at an airport, seaport, or land border. Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) officers will do an eligibility interview on the spot to see if your claim can proceed.
 
• From Within Canada: If you’re already in the country, whether you arrived on a visa, work permit, study permit, or even without status, you can still file a refugee claim at an IRCC office. You’ll be asked to complete the Basis of Claim (BOC) form and provide information about why you cannot safely return to your home country from Alberta.

The important thing to know is that once you make a refugee claim, and it is found eligible, you’ll be given temporary legal status in Canada while your case is being processed. That means you can remain in the country legally while waiting for your hearing before the Immigration and Refugee Board (IRB). In many cases, you may also qualify for a work permit while your claim is pending.

If your claim is ruled ineligible, you cannot proceed to an IRB hearing. In many cases, you may instead be referred to a Pre-Removal Risk Assessment (PRRA), which is a separate process to determine whether you’d be at risk of persecution, torture, or cruel treatment if sent back to your home country. However, the PRRA has stricter rules and fewer chances to present evidence than a regular refugee claim.

Being found ineligible can be devastating for a person, but it does not always mean that all options are closed. Depending on the reason, you may still:

 
• Apply for judicial review at the Federal Court.
 
• Explore humanitarian and compassionate (H&C) applications if you’ve built strong ties to Canada or face unusual hardship.
 
• Seek legal assistance to explore other immigration pathways that might apply to your situation.

This is why having a refugee lawyer early on is so important. They can often spot potential issues before you apply, point you in the direction of legal aid offices, and help you present your case in a way that avoids eligibility problems or removal orders if your claim isn’t allowed to proceed.

At DLegal Law Office, our refugee and immigration lawyers in Calgary are committed to protecting your rights and guiding you through every step of the refugee claim process. Whether you are starting a new claim or appealing a decision, we will stand by you with expert advice and dedicated representation when it comes to your refugee matters. Contact our immigration lawyers today for legal representation and take the first step toward securing your immigration status.