Refugees and humanitarian cases: claims, protection, and H&C
People in Canada seeking protection, people outside Canada referred for resettlement, and people in Canada who cannot meet a regular immigration requirement and ask for humanitarian and compassionate consideration.
Steps, in order
- For an in-Canada claim: submit a refugee claim through the IRCC Portal, including a Basis of Claim form and identity documents, and attend the eligibility interview.
- If the claim is found eligible, it is referred to the Immigration and Refugee Board for a decision on whether you are a Convention refugee or a person in need of protection.
- For resettlement from outside Canada, the usual routes are government assistance, private sponsorship, or a blended sponsorship, generally through a referral — there is no direct online application to 'apply as a refugee' from abroad in the same way as a visa.
- For humanitarian and compassionate (H&C) consideration inside Canada, submit a permanent residence application with an H&C request, or a stand-alone H&C application, with evidence of establishment, family ties, and hardship.
Who is eligible — the essentials
- A Convention refugee has a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion.
- A person in need of protection faces a personal danger of torture, a risk to life, or a risk of cruel and unusual treatment or punishment if removed.
- H&C consideration is discretionary and exceptional: it can excuse a requirement of the immigration law, but it is not a general alternative to meeting a program's criteria, and a pending refugee claim limits H&C options.
Documents you will usually need
- Basis of Claim form and identity and travel documents
- Evidence of the risk faced, country-condition evidence, and proof of entry to Canada
- For H&C: evidence of establishment in Canada, family in Canada, best interests of affected children, and hardship on return
- Police certificates and medical exams where requested
Common mistakes
- Treating a refugee claim as a faster work-permit route; a claim is a protection process with serious consequences if it fails.
- Filing an H&C request while a refugee claim is pending without understanding the bar on doing so.
- Relying on a paid intermediary who promises a guaranteed protection outcome.
Check before you apply: Resettlement mechanics and H&C fees and bars were not fully re-verified at build time — check the current official asylum and H&C pages linked above, and get free legal help first: settlement legal clinics can be found through 211 (211.ca).
Official source
General information only — not legal advice. Immigration rules change. Always check the official source above before applying.