Inland refugee claim
Statutory definition
IRPA s 99 provides that any person in Canada may make a claim for refugee protection. The claim is made to a CBSA officer at a port of entry or to an IRCC officer inland. Section 100 provides that IRCC must refer eligible claims to the RPD within 3 days (port of entry) or 14 days (inland). Section 101 sets out the grounds on which a claim is ineligible for referral to the RPD.
Explanation
An inland claim triggers a complex procedural sequence: eligibility determination, CBSA interview, Basis of Claim form submission, RPD hearing, and potentially RAD appeal and Federal Court review. The total timeline from claim to final determination can span several years. During this period, claimants are lawfully in Canada and entitled to work permits, provincial healthcare (in most provinces), and certain social benefits. The STCA means that claims made at land border ports of entry from the US are generally ineligible unless an exception applies.