Asylum in Canada - The Application Process and Key Steps from Application to Appeal

Last updated: 1 October 2026

Убежище в Канаде: Как быстро и легко получить статус беженца без ошибок! Пошаговый план

Introduction:

Canada is one of the most popular countries for asylum applications due to its democratic values, respect for human rights, and strong support for refugees.

Today, I'll explain the asylum application process in detail, covering all the key steps:

• Submitting an application.
• Consideration of the case.
• Appeal.
• Submitting a new application in case of refusal.

This guide will help you understand what to expect at each stage and how to prepare your case.

1. Applying for asylum

The process begins with filing an application. In Canada, this can be done in two ways:

1. At the border or at the airport

• If you arrive in Canada, you can apply for asylum at the border or at the airport.
• Canada Border Services Agency (CBSA) officers conduct a pre-arrival screening to determine your eligibility.

2. Inland

• If you're already in Canada, you can apply through the Immigration and Refugee Board of Canada (IRB) or Immigration, Refugees, and Citizenship Canada (IRCC).
• You can do this online or in person by providing the required documents.

At the application stage, the applicant must provide:

• Personal information (passport, birth certificate, visas).
• A detailed explanation of the reasons why return to the country of origin is not possible.
• Evidence supporting threats (threatening letters, subpoenas, expert reports).

Eligibility Interview:

After submitting your application, you will be called for an interview to determine your eligibility.
If you are found eligible, your case will be referred to the Refugee Protection Division (RPD).

2. Application review (Refugee Protection Division)

This stage includes a hearing at the Refugee Protection Division (RPD).

1. What happens at the hearing:

• Applicant: Tells his story and explains why he cannot return to his country.
• Judge or officer: Asks questions to assess the credibility of the story and the validity of the request.
• IRCC or CBSA representatives: May submit objections.

2. What evidence is needed:

• A detailed statement describing the threats.
• Documentation proving persecution (e.g. photographs, medical records, letters).
• An expert report substantiating the situation in the country of origin and confirming the risks.

After the hearing, the judge makes a decision.

If your application is approved, you receive Protected Person status and can apply for permanent residence.

3. Appeal against refusal

If your application is refused, you can appeal to the Refugee Appeal Division (RAD).

Appeal process:

• The appeal must be filed within 15 days of receiving the refusal.
• New evidence must be presented and an explanation must be given as to why the RPD's decision was wrong.

4. The role of the expert report in the appeal

At the appeal stage, the expert report becomes a key tool

It helps:

• Confirm that the RPD decision failed to take into account important aspects of the case.
• Point out errors in the interpretation of evidence or the situation in the country.
• Substantiate new evidence if the situation in the applicant's country has changed.

What is a Country Expert Report?
An expert report is an independent document prepared by an expert to confirm the reality of threats in the applicant's country.
The report's objectives are to:

Confirm the overall context:

• Describe the current situation in the country: political instability, repression, conflicts.
• Show how these conditions affect the applicant.

Strengthen the evidence base:

• Justify that the applicant belongs to a vulnerable group.
• Show why he cannot safely return to his country.

Support the facts with links:

• Each fact is confirmed by references to Amnesty International, Human Rights Watch, the UN and others.

Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.

My achievements:

• Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
• Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
• Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
• My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
• Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov

Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.

If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.

How I prepare an expert report:

• Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
• Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
• Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
• Compliance with standards:
• My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
• Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.

Declaration of Truthfulness:

At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.

Liability to Court:

• My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
• In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.

— Maxim Kharitonov

How to contact me
: Email: info@thehuman-rights.com

Application on the website:
thehuman-rights.com

Working hours:

• I respond to requests within 1 hour.

• I prepare reports within 1 week, including complex and extensive cases.

5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.

When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.

The filing process:

• The complaint must be filed within 2 months of the CNDA refusal.
• The court may overturn the CNDA's decision and remand the case for retrial.

6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.

What do you need for a new application?

• New evidence confirming the change in the situation in the country.
• Expert report substantiating the relevance of the threats

7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:

• New evidence that significantly changes the essence of the case.
• An expert report confirming changes in the situation in the country.

Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.

An expert report is a key tool to help you explain your story and justify the risks.

Contact me:

• Email: info@thehuman-rights.com
• Web: thehuman-rights.com