Who can apply
You can’t claim asylum if you have an active removal order (opens in a new tab).
Before you start an asylum claim, check if it might be ineligible.
What makes an asylum claim ineligible
Your asylum claim is ineligible if you:
- already have protected person status in Canada
- have ever made an asylum claim in Canada that was rejected, ineligible, withdrawn or abandoned
- have already made an asylum claim in a country that shares information with us
- can return to a country where you’re a Convention refugee
- are not allowed into Canada (inadmissible) for any of these reasons (opens in a new tab):
- security
- human or international rights violations
- organized crime
- serious crime
- enter Canada from the United States (US) along the land border
- make your claim more than one year after you first entered Canada after June 24, 2020—even if you’ve left and returned since then Some exceptions apply
- make your claim more than 14 days after you entered Canada in between ports of entry along the Canada–US land border Some exceptions apply
If you enter Canada from the US
- at an official land border crossing
- anywhere along the border, including rivers, lakes and other waterways, and start an asylum claim within 14 days of entry
your asylum claim is ineligible and you’ll be returned to the US, unless you meet an exemption or exception.
This is because of the Canada–US Safe Third Country Agreement (STCA), which helps both governments manage asylum claims along our shared border.
Exceptions to rules introduced on March 26, 2026
These rules don’t apply if
- you’re under 18 and don’t have a parent or legally responsible adult in Canada when you claim asylum
- you submit the start of your claim online before the one-year cut-off
What happens to ineligible claims
Ineligible claims are sent to the Canada Border Services Agency (CBSA) for next steps.
Learn more about ineligible claims.
Show that you meet the definition of a refugee
Eligible claims get sent to the Immigration and Refugee Board (IRB), which schedules a hearing to decide if you need Canada’s protection.
During the hearing, you will need to prove that you are physically in Canada and that you meet the definition of a Convention refugee or a person in need of protection.
A Convention refugee
If you’re a Convention refugee, it means you fear returning to your country because you will be persecuted for one of these reasons:
- race
- religion
- nationality
- political opinion
- being part of a particular social group
A person in need of protection
If you are a person in need of protection, it means you fear returning to your country because:
- you’re in danger of torture
- there’s a risk to your life
- there’s a risk of cruel and unusual treatment or punishment
Also, as a Convention refugee or person in need of protection:
- you have to prove authorities in your country can’t or won’t protect you
- you may have to show you can’t safely live in another part of your country