International agreements on refugees and our domestic law implementing those agreements per the Immigration and Refugee Protection Act provide for any person in Canada legally or illegally to make a claim for refugee status and if eligible entitled to a hearing before  the Refugee Protection Division.

Some refugees may appear Port of Entry and request protection while others enter Canada illegally and then subsequently seek protection. They are allowed to do so under the IRPA. As far as illegal entry of refugee claimants, the IRPA makes it clear at section 133 that enforcement sanctions and any criminal proceedings relating to illegal entry or false documents are to be deferred while a claim for refugee status is being determined. If determined to be a refugee then those proceedings are no longer on the table.