Bear in mind for a refugee claimant this is not illegal.  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. 

"133. A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred."