Overview of Refugee Claims before the Refugee Protection Division
The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board. The Refugee Protection Division hears matters from individuals claiming refugee protection in Canada. Claims can be made at an IRCC or CBSA office in Canada, online once inside Canada or a Port of Entry, such as an airport or border. You may also make a claim from outside of Canada, but such claims are not processed by the Refugee Protection Division, they are processed by IRCC. Claims for refugee status are made under two categories: a convention refugee or a person in need of protection.
Presently, refugee claims made inside of Canada are to be submitted online through the new asylum online application (eApp), hosted by the IRCC portal. In some cases, claimants making a claim at a port of entry may also be given the opportunity to submit their application online through the eApp versus a paper application. This determination will be made upon entry to Canada by a CBSA Officer based on an eligibility and risk assessment.
Following the submission of the claim, an officer must determine if the claim is eligible for referral to the Refugee Protection Division (RPD).
Once the claim has been referred to the RPD, a hearing will be scheduled. The claimant must appear for a hearing and has the burden to establish that the claimant is a convention refugee or a person in need of protection. In certain circumstances, a claim may be decided without a hearing.
Convention Refugees
A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they have a well-founded fear of persecution based on:
a) Race
b) Religion
c) Nationality
d) Political opinion
e) Being a member of a specific social group
Person in need of Protection
A person in need of protection is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include risk that is a product of the country’s inability to provide adequate health or medical care.
Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.
Am I eligible to make a claim?
You cannot make a claim for Refugee status in Canada if you:
a) Have already been granted refugee status in Canada or another country
b) Have been refused previously for refugee protection in Canada
c) Have had a prior claim that was determined to be ineligible, withdrawn or abandoned
d) Have committed crimes including, but not limited to, war crimes, crime against humanity, serious crimes outside the country of refuge or other acts that are contrary to the principles of the United Nations
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule.
The first is if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, is a protected person, has made a claim for refugee status that has been accepted by the IRB, has had their removal order stayed on humanitarian and compassionate grounds, holds a work or study permit or is over the age of 18 and has an active Refugee matter that has been referred to the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.
What happens after the Refugee Protection Division hears my claim?
After the hearing at the Refugee Protection Division, a claimant will be granted status as a protected person if the panel has found that the claimant is a convention refugee or a person in need of protection or the claim may be refused and then the conditional removal order will become effective within a designated time period unless an appeal is made to the Refugee Appeal Division and/or other steps under the law. For more information on Removal Orders, click here. If you are granted status as a protected person, you may apply for permanent residency. If your claim has been refused, you may appeal to the Refugee Appeal Division. It is important to note that if you are not eligible to file an appeal to the Refugee Appeal Division, you may file an Application for Leave and Judicial Review to the Federal Court. For more information on the Federal Court, click here.
If the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision. For more information on the Refugee Appeal Division, click here.
If you have been granted permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation matters, we encourage you to contact a legal professional.
What to do next?
If you believe you may be a convention refugee or a person in need of protection, have already made a claim for refugee status or have been refused for refugee status, and would like assistance, we encourage you to contact Bellissimo Immigration Law Group PC
Very professional, fast response time.
Excellent service
Mark Rasmussen
1 month ago
I recently needed a consultation only with Bellissimo Immigration Law Group.
They were punctual and quite insightful as to my situation and thorough. I never felt rushed and also had a second colleague of theirs enter the consultation to confirm everything we had discussed. I will iuse them in the future. Spectacular.
Canadian Greeb
3 months ago
Nice law firm
Very nice staff
Slowly but surely
Carol
4 months ago
I had a truly excellent experience with Bellissimo Immigration Law Group. Keely is knowledgeable, warm, and incredibly detail-oriented, and Mario brings a wealth of experience and insight.
I was helping my son’s nanny navigate a very complex immigration situation. She had been living with us in Canada for three years when we began her permanent residency application. During the process, we discovered an issue with her original work permit application. While it was an honest mistake, we knew it could have serious implications and wanted to handle it carefully.
We consulted several immigration lawyers, and most advised that it would be a difficult case. Many suggested submitting an explanation and hoping for the best. The Bellissimo team also acknowledged the challenges but recommended a different approach — applying on Humanitarian and Compassionate (H&C) grounds. Mario had experience with this path and believed it would give us a stronger chance of success.
The application process was thorough and required a significant amount of work. Keely guided us every step of the way. In total, we submitted over 80 supporting documents, many beyond the basic requirements, to fully demonstrate our nanny’s life in Canada and her contributions to our family and community. Keely and Mario also prepared a comprehensive submission that tied everything together clearly and persuasively.
Due to COVID backlogs and changes in immigration policies, the process took several years. Throughout that time, the Bellissimo team continued to check in and monitor our file — they truly don’t just submit and walk away, which we really appreciated.
We are so happy to share that our nanny has now received her permanent residency. Looking back, I am convinced that their strategy, attention to detail, and dedication made all the difference.
I would highly recommend Bellissimo Immigration Law Group, especially for anyone dealing with complex or non-straightforward immigration cases.
Amanda Suckra
5 months ago
"When our spousal sponsorship was denied due to a large age gap, we felt judged and defeated. Bellissimo Law Group changed everything. Alexandra Goncharova and her team are absolute experts in these sensitive cases; they didn't just provide legal advice—they gave us our future back.
Alexandra was meticulous, fearless, and prepared us so thoroughly that our refusal was successfully overturned. If you are facing a complex appeal where the odds seem stacked against you, Bellissimo is the firm you need, Highest recommendation!"
Kenneth Perry
8 months ago
Bellissimo Immigration Law Group made a complex process feel clear and manageable. Their team was professional, attentive, and genuinely committed to helping me succeed. I always felt informed, supported, and in excellent hands. I’m truly grateful for their work and highly recommend them.
Nasir Khan (Nasikan)
8 months ago
I had an excellent experience working with Alexander on my IAD appeal. She guided us through every step with patience, clarity, and professionalism. The way she prepared us for the interview and handled the hearing was truly impressive. Our appeal was approved, and we’re extremely grateful for her hard work and dedication. Highly recommended!
James Christie
8 months ago
Lisa Fletcher
8 months ago
I am thankful that I was able to use the services of Bellissimo Law Group. Hannah, my immigration attorney, walked me through every step and answered every question I had. The process was made so much easier with her help and we achieved success! I am now a Canadian citizen! Thank you, Hannah and the team at Bellissimo.
Abeer Malik
9 months ago
My mother’s super visa was initially rejected when I applied on my own. However, with the help of lawyer Lijing Cao and immigration consultant Shuai Dong, her visa was successfully approved. They did an amazing job the entire process was seamless, and their communication was always prompt and professional. I highly recommend them 100%!
ARAFAT MUNSHI
9 months ago
Really helped me clarify a lot of things.
Nickeisha Delisser
10 months ago
I am deeply grateful to Bellissimo Immigration Law Group PC for assisting me during one of the most challenging periods in my life. When all seemed lost and there was a very high possibility that I might have to leave Canada, they took on my case with such care, professionalism and expertise. They guided me through the federal appeal process with confidence and compassion and secured approval for my permanent status in Canada.
As I have utilised other legal services before Bellissimo, I can assure you, where others fall short, they deliver.
AK
10 months ago
Very helpful and knowledgeable people. You do have to stay on top of things but overall I found them very supportive and involved in my case.
kala Mulqueeny
10 months ago
Mario Bellissimo and Keely Anderson are outstanding professionals. I couldn’t recommend them more and would give 6 stars if I could. My experience with them demonstrated to me why they are so consistently and highly ranked by their peers. I am a New York Attorney and Australian lawyer myself so can be harder to please with legal related services than perhaps others, but this firm was exceptional.
I was assisting a close friend with a Canadian visa application . From our first call with each of them they drilled down into the details of her case and gave more than the allocated time to truly understand the situation prior to providing advice. It was a complicated case and not unreasonably, they indicated the odds of success / failure of a successful visa application were even. But they assured us they would try their darndest to help ! Their experience was obvious and they imbued confidence in their knowledge of Visa law and procedures as well as how it practically operated within the IRCC.
We had previously contacted three other immigration agents all of whom indicated that without misrepresentating the situation, the odds of my friend getting a visa were very low. A fourth lawyer we had spoken to had recommended an honest pathway to applying, but was very hazy on strategy. We did not feel comfortable with any of them.
Bellísimo recommended we provide the IRCC with full disclosure and an explanation - which is how we proceeded. We then proceeded to comprehensively document the situation and received an extensive supporting legal advice to the IRCC from Bellísimo, which distilled the extensive evidence we were able to gather.
Although we understood there were no guarantees as to success, with Bellísimo lawyers’ guidance we felt rest assured that we ultimately submitted the best possible application and were honest in doing so.
Whilst initially I noted a discrepancy between the fees that the immigration agents charged and those that Bellísimo charged, there is no question that as lawyers, their fees were reasonable and the quality of the work they did was infinitely superior to those of the immigration agents. I definitively believe we got value for money and their fees were reasonable for the work and effort provided.
Ultimately the application was successful. We were thrilled.
We feel indebted to Keely and Mario for their assistance and unreservedly recommend them individually and their firm for outstanding immigration law advice.
Oleksii Yermolenko
11 months ago
Thank you for professional advice, which helped me to resolve my problem in short term and save thousands of dollars on medical expenses
Harold Bubu
11 months ago
I was referred to Bellissimo Law Group by my brother-in-law after my application was denied.
The team carefully reviewed my GCMS notes, identified the issues, and recommended pursuing a judicial review.
Thanks to their expertise and guidance, the outcome was positive. They later assisted me with the application, and I am now in Canada pursuing my studies.
I am deeply grateful for their professionalism and support throughout this process, they respond immediately and give you the answers to your worries, this is the part that every applicant wants during the process of their application and Bellissimo law group have it.
I will always recommend Bellissimo law group to anyone who has such problems.
HAROLD
Nicolas Nkomeje
11 months ago
I had the pleasure of working with Bellissimo on my application, and their professionalism and expertise made the entire process smooth and stress-free.
They provided clear guidance, were always responsive to my questions, and ensured all documents were accurate and submitted on time. Thanks to their support, my application was successful. I would highly recommend Bellissimo to anyone seeking reliable immigration legal services.
Milena Stoj
12 months ago
I'm so happy that I found Bellissimo Law Group. They did amazing job for me, I got my Super visa in such a short time, I couldn't believe. Thanks to their professionalism and experience they deserve highest marks for the job they do.
Hugo Sousa
1 year ago
The Best Immigration Law Firm in Canada!
We are forever grateful to Bellissimo Law Group for helping us achieve Permanent Residence in Canada. Our case was complex (so much so that other immigration professionals referred us directly to Mr. Mario Bellissimo, recognizing him as the top expert in the field).
From our very first consultation with Mr. Mario Bellissimo, we felt supported and confident. He provided a clear, honest strategy, and we retained their services immediately. By the end of the process, everything played out exactly as he had initially outlined.
We want to especially thank Lijing, Shuai, and all the other incredible team members who worked on our case and helped in any way (including David, Michelle, Michael, Justina and other support). Each one brought professionalism, compassion, and an unwavering commitment to our success. The legal team was always responsive, detail-oriented, and they genuinely cared about our situation.
Bellissimo Law Group is more than a law firm: they are your strongest ally in ensuring a successful immigration application. If they take your case, your chances of success are high. Whether your case is complex or straightforward, do not see hiring their services as an expense. Instead, see it as one of the best investments you can make in your future and peace of mind. They truly are the best of the best, and we wholeheartedly recommend them to anyone navigating any immigration process in Canada.
We are endlessly grateful to the entire team at Bellissimo Law Group!
Daryna Tymchenko
1 year ago
We are beyond grateful to Bellissimo Law Group for their exceptional service and professionalism throughout our permanent residency process. From the very beginning, their team demonstrated deep expertise, attention to detail, and a genuine commitment to helping us succeed.
A special thank you to Lijing and Shuai — working with them was an absolute pleasure. They were always responsive, knowledgeable, and guided us with patience and clarity at every step. It’s rare to find such a dedicated and experienced legal team, and we truly felt supported and confident throughout the entire journey.
Thank you again to everyone at Bellissimo Law Group. We wholeheartedly recommend them to anyone looking for trustworthy and results-driven immigration lawyers!!
Hatem Khalil
1 year ago
Isa
1 year ago
I called to get some information about booking a consultation in the near future and the receptionist was friendly and helpful. She answered all the questions that she was able to and send me information on the process. I have read all the great reviews and am confident that your law firm is what I need to make my sponsoring journey less of a nightmare for me lol.
Carol Connelly
1 year ago
We had a great experience with Bellissimo Immigration Law Group. We had a number of questions about medical admissibility for a study permit application, and Bellissimo seemed to have a lot of experience with medical issues. We scheduled a consultation, which was easy to set up. We got excellent and specific advice during our consultation with Keely Anderson, and at the end she encouraged us to apply on our own, as our case actually wasn't as complicated as I had feared. (I appreciated the honesty!) With the advice we received, we felt confident in our ability to complete the application on our own, and the study permit was approved.
Jo M
1 year ago
If I could write poetry, I would have written a poem for Mr. Bellissimo.
I want to thank you from the bottom of my heart.
Like others said, when you go into a consultation with Mr.Bellissimo and his team, you get real answers. Not guarded words. Not someone holding back until you hire them. Just sincere advice, shaped around what’s truly best for you.
In our first meeting, he brought up that I might be eligible for Legal Aid — something no other lawyer had even mentioned. And in the second, he paused and really looked at the full picture of my life — my teenagers, our challenges, our future. He gave me advice that actually went against his own benefit. He thought like a parent. He thought like someone who genuinely cares. That kind of integrity is rare.
I was so touched. Because in a world where most people lead with their own gain, he led with empathy and honesty. He truly put himself in my place — and guided me with heart.
I am so touched and I am forever grateful for you Mr.Bellissimo. 💛
Ellaine Camacho
1 year ago
I am incredibly thankful and grateful for the outstanding support I received from Bellissimo Immigration Law Group PC. My journey with them includes two major Immigration challenges and their expertise helped me overcome both successfully.
First case: Loss of Status in Canada. I lost my legal status in Canada 2019 and thanks to their guidance and dedication I was granted Permanent Residency under Humanitarian and Compassionate Grounds, March 2023. Their team handled my case with professionalism, compassion and deep legal knowledge.
Second Case: Refused Family Sponsorship (Dependent Child). My family sponsorship was refused November 2024 due to not meeting the Minimum Income Cut-Off. With their help I filed an appeal and it was successful, July 16, 2025! Now, I will soon be reunited with my child and I couldn't be more grateful.
The entire team is highly skilled, approachable and truly committed to their clients. I salute their outstanding service and unwavering support. Based on my personal experience, I highly recommend Bellissimo Immigration Law Group PC to anyone facing immigration challenges especially those involving Humanitarian and Compassionate Grounds.
Special mention and heartfelt thanks to Ana Martinez, Alexandra Goncharova, Keely Anderson, Simran Sra and Mario Bellissimo.
I am truly very satisfied with their service. Thank you, Bellissimo Immigration Law Group PC for helping me rebuild my life and reunite with my family. May God Bless You All!🙏
