August 10, 2026 by FH&P Lawyers
Refugee Protection in Canada: How Protected Person Status Can Lead to Permanent Residence
Canada provides refugee protection to people who cannot safely return to their home country. This is often called claiming asylum. A claim may be made by someone already in Canada or by someone arriving at a Canadian port of entry.
A refugee claim is not a shortcut to immigrate to Canada or to stay longer. If Canada decides that you do not need protection, you may be required to leave. Providing false information can also lead to serious immigration consequences.
For people who genuinely face danger, however, a successful refugee claim can lead to protected person status and may allow them to apply for permanent residence in Canada.
The Two Main Types of Refugee Protection
Under Canada’s Immigration and Refugee Protection Act, a refugee claim may be accepted on one of two main grounds: Convention refugee status or person in need of protection status.
Convention Refugee
A Convention refugee is someone who is outside their home country and cannot return because they have a well-founded fear of persecution based on one or more of the following:
A “well-founded fear” usually includes both a genuine personal fear and objective evidence showing that the fear is reasonable based on conditions in the person’s country.
Person in Need of Protection
A person in need of protection is someone in Canada who would face serious harm if removed to their home country, such as:
This type of protection does not need to be connected to race, religion, nationality, political opinion, or membership in a particular social group. It applies where a person faces a serious personal risk if returned.
Where Refugee Claims Are Decided
Most refugee claims made inside Canada or at the border are decided by the Refugee Protection Division of the Immigration and Refugee Board of Canada.
If the claim is accepted, the person becomes a protected person and may remain in Canada. If the claim is refused, there may be a right to appeal to the Refugee Appeal Division, depending on the case. In some situations, an application for judicial review at the Federal Court may also be available.
Important Refugee Claim Timelines
Refugee claims are highly time-sensitive. Missing a deadline can have serious consequences, including abandonment of a claim, loss of appeal rights, or removal from Canada.
Below are some of the key timelines claimants should be aware of.
Basis of Claim Form
The Basis of Claim Form, often called the BOC, is one of the most important documents in a refugee claim. It explains who harmed or threatened you, what happened, why you fear returning, and why you need Canada’s protection.
For claims made inside Canada, the BOC is generally submitted as part of the claim process or at the eligibility stage.
For claims made at a port of entry, such as an airport, land border, or seaport, the deadline is generally tied to the date the claim is referred to the Refugee Protection Division. The regulatory deadline is 15 days after referral, although current Refugee Protection Division practice may allow 45 calendar days after referral. Because timelines can change, claimants should always confirm the deadline listed in their own documents.
If more time is needed, a formal extension request must be made with reasons.
Evidence Before the Hearing
Documents that a claimant wants to rely on at the hearing must generally be submitted to the Refugee Protection Division no later than 10 days before the hearing.
If the evidence is being submitted in response to another party’s evidence, a shorter deadline may apply, often 5 days before the hearing.
Documents that are not in English or French usually require a proper human translation and translator’s declaration.
Keeping Contact Information Updated
Claimants must keep their contact information updated with the immigration authorities and the Immigration and Refugee Board.
If the Board cannot contact a claimant, the claim may be declared abandoned. An abandoned claim can be extremely difficult, and sometimes impossible, to continue or re-file.
Appeal After a Refusal
If a refugee claim is refused and the claimant is eligible to appeal to the Refugee Appeal Division, there are strict deadlines.
The Notice of Appeal must generally be filed within 15 days of receiving the written reasons for the refusal.
The Appellant’s Record, which includes the legal arguments and supporting materials, must generally be filed within 45 days under current practice.
If a deadline cannot be met, an extension request must be made properly and without delay.
Federal Court Judicial Review
If the Refugee Appeal Division refuses the appeal, or if there is no right of appeal, the claimant may be able to seek judicial review at the Federal Court.
For in-Canada matters, the application should generally be started within 15 days of being notified of the decision.
Filing on time is important because it may affect whether removal from Canada is paused while the court process is underway.
After a Positive Refugee Decision
Even after a claim is accepted, there is usually a short waiting period before the decision is final.
IRCC or CBSA may have 15 days to appeal the positive decision or seek judicial review. If no appeal or review is started within that period, the person receives protected person status and becomes eligible to apply for permanent residence.
Permanent Residence Application
There is no equivalent hard statutory deadline to apply for permanent residence as a protected person. However, timing still matters.
A protected person should apply while their status and documents are in order and should avoid actions that could put their protection at risk, such as returning to the country of persecution or renewing that country’s passport.
Why Travel Back Home Can Put Your Status at Risk
A person who claims refugee protection should be very careful about returning to the country they say they fear.
Returning to that country may cause the refugee claim to be refused if it is still in process. If protection has already been granted, returning may put protected person status at risk.
The same caution applies to renewing or obtaining a passport from the country of persecution. These actions may raise questions about whether the person still needs Canada’s protection.
From Protected Person Status to Permanent Residence
Once a refugee claim is accepted, the person becomes a protected person. This status allows them to remain in Canada and apply for permanent residence under the protected persons category.
People who may apply for permanent residence as protected persons can include:
Eligible family members may also be included in the permanent residence application, whether they are in Canada or outside Canada.
How Legal Support Can Help
Refugee protection and permanent residence applications involve multiple stages, strict deadlines, and detailed evidence requirements.
We can assist with:
For those who qualify, refugee protection is about safety. It can also be a lawful pathway to building a permanent future in Canada.
How Our Office Can Help
At FH&P Lawyers, we assist clients in Kelowna, across the Okanagan, and throughout British Columbia with refugee protection claims and related permanent residence applications.
Our office can help you understand whether your case may fit under the definition of a Convention refugee, a person in need of protection, or both. We can assist with preparing your refugee claim, reviewing your Basis of Claim Form, organizing supporting evidence, tracking important deadlines, and preparing for your hearing before the Refugee Protection Division.
If your claim is accepted, we can also guide you through the next step of applying for permanent residence as a protected person, including identifying eligible family members and helping you avoid actions that could put your protected person status at risk.
If you are afraid to return to your home country or have questions about a refugee claim or protected person permanent residence application, contact FH&P Lawyers to book a consultation.