Ineligible Asylum Claims – Information Sheet
Your claim for refugee protection (asylum claim) is not eligible to be sent to the Immigration and Refugee Board of Canada (IRB) under the Immigration and Refugee Protection Act.
This means that your asylum claim will not be sent to the Refugee Protection Division (RPD) of the IRB.
What happens next?
Seven days after the date of the ineligibility decision, the removal order you received will come into force and, unless your removal order is stayed, it will become enforceable. Once the removal order is enforceable, you have 30 days to voluntarily leave Canada.
Before you leave Canada, you must contact the Canada Border Services Agency (CBSA) to make arrangements to confirm your departure. If you do not confirm your departure with the CBSA, or you leave Canada more than 30 days after your removal order becomes enforceable, you will have to obtain an Authorization to Return to Canada and pay a processing fee, if you want to return to Canada in the future. Contact the CBSA removals line at 1-833-995-0002 (Monday-Friday 7:00am-3:00pm Eastern time). People at this number can give you more information and help with case-specific questions. The CBSA recognizes that some people may need help returning to their country. Such help is available and determined on a case by case basis, depending on individual circumstances.
If you do not leave voluntarily, the CBSA will start the removal process to remove you from Canada and will schedule a removal interview.
If you fail to appear for either the removal interview or the scheduled removal date, the CBSA may issue a Canada-wide warrant for your arrest.
Learn more about CBSA’s removals program
What if I fear returning to my country?
If you fear returning to your country, you may be eligible for a pre-removal risk assessment (PRRA) once your removal order becomes enforceable. The CBSA will tell you if you are eligible to apply for a PRRA as part of your removal interview. You can only apply for a PRRA if a CBSA officer tells you that you are eligible.
The PRRA is a process used to ensure that you are not being removed to a country where you would face risk. Generally, this will include an assessment of whether:
- you would be at risk of persecution
- you would be in danger of torture
- there would be a risk to your life or of cruel and unusual treatment or punishment
You can choose to be represented by counsel (a lawyer or other professional representative) at your own expense during the PRRA process. If you cannot afford to pay for counsel, you can apply to a provincial or territorial legal aid office for assistance. The Government of Canada treats everyone equally, whether they use the services of counsel or not.
Learn more about hiring an authorized representative
List of provincial and territorial legal aid services’ webpages
What documents will I receive if my claim is not eligible?
You will receive a refusal letter stating that your claim is not eligible to be sent to the IRB.
You will also receive:
- your removal order
- certified copies of your seized documents (if applicable)
If your claim is not eligible to be referred to the IRB but, based on the information currently available, you may later be eligible to apply for a PRRA, you will receive a Refugee Protection Identity Document (RPID). Please note that you cannot apply for a PRRA until the CBSA confirms your eligibility to apply for a PRRA at your removal interview.
The RPID serves as an identity document and may help you access services, including health coverage under the Interim Federal Health Program (IFHP).
Any electronic travel authorization, temporary resident visa, or temporary resident permit you had before making your asylum claim was cancelled automatically when you made an asylum claim and were issued a removal order.
If you hold a visitor record, when the removal order becomes enforceable, you must leave Canada even if your visitor record hasn’t expired yet. Please see above: What if I fear returning to my country?
Do I have health coverage before I leave Canada?
If your claim is not eligible to be referred to the IRB but, based on the information currently available, you may later be eligible for a PRRA, you will be eligible for coverage under the Interim Federal Health Program (IFHP).
Visit the IFHP website for more information
Can I work and study?
You cannot work unless you obtain a work permit.
If your claim is not eligible to be referred to the IRB but, based on the information currently available, you may later be eligible to submit a PRRA application once CBSA has initiated your removal proceedings, you may be eligible for a work permit.
If you were previously issued a work permit and it is still valid, you can continue to work. You must submit a new work permit application prior to the expiry of your current work permit if you plan to remain in Canada and to continue working.
You cannot study unless you obtain a study permit.
Any study permit previously issued to you is cancelled automatically by law once your removal order comes into force, within 7 days of your claim being found ineligible.
If your claim is not eligible to be referred to the IRB but, based on the information currently available, you may later be eligible to submit a PRRA application once CBSA has initiated removal proceedings, you may be eligible for a study permit.
To obtain a work or study permit, you must submit an application to IRCC and pay the applicable processing fees, noting that these are non-refundable.
Important: A work or study permit issued after you have made an asylum claim does not give you any status and will not allow you to stay longer in Canada. It only provides you with a legal document to allow you to temporarily work or study in Canada.
Learn more about work permits and study permits
How do I make sure I can be contacted?
As part of your conditions while in Canada, you must report any change of address or contact information immediately. Before moving homes, update your address by sending in an IRCC web form.