Refugee & Asylum Claims — ServiceLanka

🌐 Language:

📍 Toronto, Ontario, Canada

⚖ Special help

Refugee &
asylum claims

If you are in Canada and fear returning to Sri Lanka, you have the right to seek protection. We walk with you through every step of the refugee claim process — in Sinhala, Tamil, or English — so you are never alone in this.

සිංහං · தமிழ் · English · 🔒 Strictly confidential

Initial consultation

Confidential

We treat every situation with complete discretion. Your information is never shared without your consent.

Claim type
In-Canada asylum claim
Hearing body
Immigration & Refugee Board (IRB)
Work permit
Available while claim pending
Support available
Sinhala · Tamil · English

Claim type

In-Canada asylum

Decision body

IRB / RPD

Work permit

Yes, while pending

Processing

21 months avg.

Confidential

Always

Overview

Grounds for protection

Documents needed

How it works

FAQ

🛡 Your rights in Canada

✅ Under Canadian and international law, you have the right to:

●Make an asylum claim from inside Canada regardless of how you arrived or what visa you hold

●Remain in Canada while your claim is being processed — you cannot be removed during this time

●Apply for a work permit while your claim is pending, so you can support yourself

●Access publicly funded legal aid in most provinces

●Have a fair hearing before the Immigration and Refugee Board (IRB)

●Appeal a negative decision to the Refugee Appeal Division (RAD)

✅ Who should consider making a claim

✓

People who fear persecution in Sri Lanka based on race, religion, nationality, political opinion, or membership in a particular social group

✓

Individuals who face a risk to their life, or a risk of cruel and unusual treatment or punishment if returned to Sri Lanka

✓

People who experienced violence, torture, or discrimination in Sri Lanka and have evidence or documentation to support their claim

✓

Those who are already in Canada on a visa (visitor, student, or work permit) and fear returning home

You should make your claim as soon as possible after arriving in Canada. Delays in claiming can raise questions about the sincerity of your fear

You cannot make a claim if you have already been recognized as a refugee in another country, or if you have a serious criminal record

If you are uncertain whether you qualify, book a confidential consultation — we will assess your situation honestly and without judgment

🎁 How we support you

🔒

Confidential consultation

We listen to your full story in complete confidence — in Sinhala, Tamil, or English — and assess your claim honestly

✍

Basis of Claim form (BOC)

The BOC is the heart of your claim. We help you write your personal narrative clearly, completely, and persuasively

📄

Document preparation

We help you gather and organise all supporting evidence — country condition reports, personal documents, and witness letters

👪

Work permit application

We apply for your work permit simultaneously so you can support yourself and your family while your claim is pending

🏫

Hearing preparation

We prepare you thoroughly for your IRB hearing — what to expect, how to present your story, and how to answer questions

🔔

Ongoing support

We stay with you from the first day of your claim through to the decision — and beyond if needed

🛡 The five grounds for refugee protection

Canada’s refugee system is based on the 1951 Refugee Convention. To be recognized as a refugee, your fear of persecution must be based on one or more of these five grounds. Many Sri Lankan claims involve multiple grounds at once.

🌎

Race or ethnicity

Fear of persecution due to your ethnic background — particularly relevant for Tamil Sri Lankans who experienced targeted violence during and after the civil conflict

☉

Religion

Persecution due to your religious beliefs or practices, including conversion from one religion to another, or belonging to a religious minority

📄

Nationality

Fear based on your country of origin or statelessness — including situations where your citizenship or identity documents have been denied

✊

Political opinion

Fear due to your political views, activism, or perceived opposition to the government — including past involvement with political movements or associations

👪

Membership in a particular social group

This broad ground covers many situations — including LGBTQ+ individuals, women facing gender-based violence, former members of armed groups, journalists, human rights defenders, and others who share a common characteristic that makes them a target. This is one of the most important and nuanced grounds — speak to us about whether your situation qualifies.

📌 Additional protections available

s.97

Person in need of protection

Even if you don’t meet the refugee definition, you may qualify if you face a risk to life, torture, or cruel and unusual punishment in Sri Lanka.

PRRA

Pre-removal risk assessment

If your claim is refused, you may be eligible for a PRRA before removal is carried out — we advise on this option and help you respond.

H&C

Humanitarian & Compassionate grounds

A parallel or alternative application based on your establishment in Canada and hardship if removed — can be pursued alongside or after a refugee claim.

📁 Documents that support your claim

Every refugee claim is unique — we build your document package around your specific story. Below are the most common categories of supporting evidence. Do not panic if you do not have everything; we work with what you have.

🛂

Passport & travel documents

All passports you have held, including expired ones — entry stamps, visas, travel history

✍

Basis of Claim (BOC) narrative

Your personal story of persecution — we write this with you

🏧

Police or court records

Arrest records, court summons, warrants — any interaction with authorities in Sri Lanka

📋

Medical records

Evidence of injuries, trauma, or treatment resulting from persecution

📰

News articles & reports

Published reports corroborating events you describe, or documenting conditions in Sri Lanka

👤

Witness or support letters

Statements from family members, community leaders, or others who can corroborate your account

🏠

Property or identity documents

Birth certificates, national ID, land deeds, marriage certificates — whatever you were able to bring

📷

Photographs or videos

Evidence of harm, damage to property, or events relevant to your claim

👥

Membership or affiliation records

Evidence of political, religious, or social group membership that led to persecution

🌎

Country condition evidence

UNHCR reports, human rights organisation reports — we source these for you

ⓘ Do not worry if you do not have many documents — the IRB understands that people fleeing persecution often cannot gather evidence safely. Your testimony itself is evidence. We will help you present your case as strongly as possible with what you have.

🌎 The refugee claim process — step by step

★

Confidential consultation with us

We listen to your full story in Sinhala, Tamil, or English — privately and without judgment. We assess your grounds for protection, explain the process clearly, and tell you what to expect. You decide how to proceed; we never pressure you.

Before anything else

Making the claim — referral to the IRB

You can make your claim at a port of entry (airport or border) or at an IRCC office inside Canada. We guide you through this step and make sure you present yourself correctly. Once referred, you receive a conditional removal order, which is standard and does not mean you will be removed.

Day 1 of the process

Eligibility interview

IRCC determines whether your claim is eligible to be referred to the IRB. Most claims are found eligible. We prepare you for this interview and advise on what to say and not say.

Within days of claiming

Basis of Claim (BOC) form

You must submit your BOC — a detailed written account of your personal story — within 15 days of the eligibility decision. This is the most critical document in your claim. We work with you to write it carefully, completely, and truthfully.

Due within 15 days

Work permit application

Once your claim is referred to the IRB, you can apply for an open work permit. We file this for you promptly so you can work legally in Canada while waiting for your hearing. Processing typically takes 1–3 months.

As soon as eligible

Disclosure & evidence gathering

We help you build a strong evidence package — country condition reports, supporting documents, and witness letters — and submit it to the IRB before the required disclosure deadline.

Months before hearing

IRB hearing

Your hearing before the Refugee Protection Division (RPD) is your opportunity to tell your story. A member of the IRB hears your case. We prepare you thoroughly — what to expect, how to answer questions, how to present your account clearly and consistently.

Typically 12–24 months after claim

✓

Decision & next steps

If approved, you are a Convention Refugee or Protected Person in Canada. You can apply for permanent residence. If refused, you have the right to appeal to the Refugee Appeal Division (RAD) — we advise on this immediately and honestly.

Decision issued after hearing

💬 Frequently asked questions

I am here on a visitor visa. Can I still make a refugee claim? ⌄

Yes. You can make an in-Canada refugee claim regardless of what visa or permit you currently hold — visitor, student, work permit, or even if your status has lapsed. The important thing is to claim as soon as you decide you cannot return. Contact us and we will guide you through how to do this safely.

Will my information be kept confidential? ⌄

Yes. Refugee hearings in Canada are held in private — the public and media are not admitted. IRCC and the IRB do not contact the Sri Lankan government or embassy about your claim. We treat everything you share with us with complete confidentiality. Your story stays between you and us until you decide otherwise.

Can I work while my refugee claim is being processed? ⌄

Yes. Once your claim is referred to the IRB, you can apply for an open work permit. This allows you to work for any employer in Canada. We apply for this on your behalf as soon as you are eligible. Processing typically takes 1–3 months. Until your work permit arrives, you may also be able to access social assistance depending on your province.

What happens if my claim is refused? ⌄

A refused claim is not the end of the road. You have the right to appeal to the Refugee Appeal Division (RAD) within 15 days of the refusal. If the RAD also refuses, there may still be options including a Judicial Review at the Federal Court, a Pre-Removal Risk Assessment (PRRA), or an application on Humanitarian & Compassionate grounds. We will advise you immediately after any refusal and help you understand your remaining options.

I came from Sri Lanka years ago and have been here a long time. Can I still claim? ⌄

It depends on your situation. If you arrived recently, you should claim as soon as possible. If you have been in Canada for years without claiming, there may be questions raised about the timeliness of your claim — but this does not automatically disqualify you. Situations can change — a new threat or change in circumstances in Sri Lanka can form the basis of a claim. Book a confidential consultation and we will assess your specific situation honestly.

What is the Basis of Claim (BOC) form? ⌄

The BOC is a written document where you describe in your own words what happened to you in Sri Lanka, why you fear returning, and what you believe will happen if you go back. It is the single most important document in your claim — the IRB member reads it before your hearing and uses it to ask questions. It must be submitted within 15 days of your eligibility decision. We work with you to write it carefully, clearly, and completely, in a way that gives your claim the strongest foundation.

Do I need a lawyer? What is the role of ServiceLanka? ⌄

A refugee claim is a legal proceeding and having proper legal representation significantly improves your chances. We work alongside immigration lawyers and legal aid counsel — we are your trusted community support in your own language, helping you understand the process, prepare your story, gather documents, and navigate every step. For the IRB hearing itself, we connect you with qualified legal counsel. We do not replace a lawyer — we make sure you have everything in place so your lawyer can do their best work.

What happens to my family if I make a claim? ⌄

Family members who are in Canada with you and are named as dependants on your claim are protected by the same process. If your claim is approved, they also receive protected person status and can apply for permanent residence with you. Family members outside Canada cannot be included in your in-Canada claim — but if you are approved, you may be able to sponsor them later.

🔒 Your privacy

Strictly confidential

Refugee hearings are held in private. We never share your information with any government or embassy. Everything you tell us stays between us.

Not sure if you qualify?

Tell us your situation in confidence — in Sinhala, Tamil, or English — and we will give you an honest assessment of your options.

Related services

Helpful resources

Our office

GTA Square
155–5215 Finch Ave East
Toronto, Ontario M1S 0C2
+1 416-666-5627
[email protected]

🔒Strictly confidential — always

💬Sinhala, Tamil & English support

📍Toronto office · Remote across Canada

🤝We walk with you through every step

📅 Book Consultation

This page is launching soon

Refugee &
asylum claims

Not sure if you qualify?

You don’t have to face this alone.

Refugee &asylum claims

Not sure if you qualify?

You don’t have to face this alone.

Refugee &
asylum claims