Humanitarian & Protection Division

In-Canada Refugee Claims, H&C Applications & RAD Appeals

Compassionate, rigorous legal advocacy for individuals seeking asylum and protection in Canada. We prepare complete Basis of Claim (BOC) filings, Humanitarian & Compassionate (H&C) applications under IRPA Section 25(1), and Refugee Appeal Division (RAD) briefs.

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Legal Protection Overview

Primary Tribunal: IRB / RPD & RAD Division

Key Document: Basis of Claim (BOC) Form

H&C Statutory Basis: IRPA Section 25(1)

RAD Appeal Window: 15 Days Notice of Appeal

Work Authorization: Refugee Claimant Open WP

Three Pillars of In-Canada Protection & Relief

Canadian immigration law provides multiple pathways for individuals seeking safety from persecution, well-founded fears of harm, or relief based on exceptional humanitarian circumstances.

1. In-Canada Refugee Claims (RPD)

For individuals physically present in Canada who cannot return to their home country due to a well-founded fear of persecution or personal risk of torture and cruel treatment.

IRPA Sec. 96: Persecution based on race, religion, nationality, political opinion, or social group.
IRPA Sec. 97: Personal risk to life, risk of torture, or cruel treatment.
BOC Filing: Comprehensive narrative, corroborating evidence & country condition packages (NDP).

Includes Work Permit eligibility & IFHP medical coverage.

2. Humanitarian & Compassionate (H&C)

Discretionary PR applications under IRPA Section 25(1) for foreign nationals living in Canada who face exceptional hardship if forced to depart.

Establishment: Employment history, community ties, assets, and Canadian roots.
Best Interests of the Child (BIOTC): Mandatory evaluation of minor children's emotional/educational stability.
Country Hardship: Severe medical, economic, or social instability in country of origin.

Alternative pathway for individuals with long-term Canadian ties.

3. RAD Appeals & Legal Remedies

Appealing negative RPD decisions to the Refugee Appeal Division (RAD), filing Pre-Removal Risk Assessments (PRRA), and managing stays of removal.

Strict Timelines: 15-day Notice of Appeal filing deadline from RPD decision.
IRPA Sec. 110(4) Evidence: Presenting newly arose, unavailable, or reasonably unprocurable proof.
PRRA Submissions: Written risk submissions prior to CBSA removal proceedings.

Time-Sensitive Appeal Filings

IRB Evidentiary Standards

Building a Bulletproof Claims & Appeals File

Refugee claims and H&C applications are won on credibility, detailed documentation, and alignment with country documentation packages. Elnaz Imani, RCIC, structures evidentiary packages across 4 crucial quadrants.

1. Basis of Claim (BOC) Narrative

A detailed, chronologically consistent statement describing specific incidents, threats, state protection failures, and internal flight alternative (IFA) impossibility.

2. Country Documentation (NDP)

Cross-referencing claims with official National Documentation Packages (NDP), Human Rights Watch, Amnesty International, and United Nations reports.

3. Corroborating Physical Evidence

Medical reports, psychological assessments, police reports, threatening communications, news articles, and sworn affidavits from witnesses.

4. H&C BIOTC & Establishment

Proof of Canadian work history, tax filings, school performance records, volunteerism, and psychological assessments evaluating impact on minor children.

In-Canada Protection & Hearing Roadmap

How Elnaz Imani, RCIC, manages your protection file from initial intake to final decision.

Intake & Eligibility

Evaluating claim eligibility under IRPA Sec. 96/97 and Safe Third Country rules.

BOC Draft & Portal

Drafting narrative, completing forms, and submitting via IRCC Portal / eClaims.

WP & Health (IFHP)

Filing Refugee Open Work Permit and securing IFHP medical coverage.

Disclosure Binder

Assembling comprehensive evidence index and submitting to IRB 10 days prior to hearing.

Hearing Prep

Conducting mock examination sessions and preparing claimant for tribunal questioning.

Protected Person PR

Upon positive RPD decision, filing for Canadian Permanent Residence.

Explore Related Legal Pathways

Integrated legal services across all federal and provincial immigration programs.

PFL & Refusal Defense

Responding to IRCC Procedural Fairness Letters (PFL), misrepresentation queries, and visa refusals.

Spousal Sponsorship

Inland and Outland spousal sponsorship applications with Spousal Open Work Permits.

Express Entry & CEC

Permanent Residence pathways under Canadian Experience Class, FSWP, and category-based draws.

Work Permits & LMIA

Employer LMIA filings, Global Talent Stream (GTS), and LMIA-exempt Intra-Company Transfers.

Notary & Commissioning

Official document commissioning, IMM 5409 statutory declarations, and sworn affidavits.

Newmarket Practice Hub

Visit our main office at 16775 Yonge St for in-person confidential consultations or book online.

Frequently Asked Questions — Refugee & H&C Claims

Regulatory facts compiled by Elnaz Imani, RCIC #R526618.

Under IRPA Section 96, a Convention Refugee has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Under IRPA Section 97, a Person in Need of Protection faces a personal risk of torture, risk to life, or risk of cruel and unusual treatment or punishment if returned to their country of origin.

An H&C application under IRPA Section 25(1) allows individuals who do not qualify under standard immigration streams to request Permanent Residence based on exceptional humanitarian circumstances, including deep establishment in Canada, the Best Interests of the Child (BIOTC), and disproportionate hardship in their country of origin.

You must file a Notice of Appeal to the Refugee Appeal Division (RAD) within 15 calendar days of receiving the written decision and reasons for refusal from the Refugee Protection Division (RPD). The complete Appellant's Record must be submitted within 45 days.

Yes. Once an In-Canada refugee claim is determined eligible by IRCC or CBSA and referred to the IRB, claimants can apply for a Refugee Claimant Open Work Permit and access coverage under the Interim Federal Health Program (IFHP).

Under IRPA rules, you cannot have a pending H&C application while your refugee claim is active before the IRB. If your refugee claim is withdrawn or refused, specific 12-month bar rules may apply before submitting an H&C, subject to exceptions for the Best Interests of the Child or life-threatening medical conditions.