Inland refugee claim
Statutory definition
Section 99(3) of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that a person in Canada (other than a person who has come to Canada from a country designated under the Safe Third Country Agreement at a land border port of entry) may make a claim for refugee protection to an officer.
Explanation
An inland refugee claim is made in Canada — either at a port of entry or from within the interior of Canada. Claims made inland are referred to the RPD for hearing once eligibility is determined. Making a claim triggers a stay of most removal orders and provides access to certain federal benefits while the claim is pending.
Key procedural steps after an inland claim is made: eligibility determination (officer, usually within a few days at POE or within weeks inland); referral to RPD; completion of Basis of Claim form; RPD hearing; and if refused, appeal to RAD or judicial review.
How this term is used
Persons who enter Canada irregularly (not at a designated port of entry) may still make inland refugee claims — the Safe Third Country Agreement applies only at designated land border ports of entry between Canada and the US. The Supreme Court of Canada upheld the STCA in Canadian Council for Refugees v Canada [2023] SCC 17, though with conditions on its application.